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P-W INVESTMENTS, INC. v. CITY OF WESTMINSTER

No. 81SA195.

655 P.2d 1365 (1982)

P-W INVESTMENTS, INC., an Illinois Corporation, and Percy Wilson Mortgage and Finance Corporation, a Delaware Corporation, Plaintiffs-Appellants, v. CITY OF WESTMINSTER, a Municipal Corporation of Colorado, and City Council of the City of Westminster, Colorado, Defendants-Appellees and Cross-Appellants.

Supreme Court of Colorado, En Banc.

December 20, 1982.

Attorney(s) appearing for the Case

Barnett & Beigel, Ltd., Harvey J. Barnett, Chicago, Ill., Hall & Evans, Thomas R. Bromberg, Arthur R. Karstaedt III, Denver, for plaintiffs-appellants.

Stitt, Wittenbrink & Nieman, James R. Stitt, Westminster, Eric Damian Kelly, Pueblo, for defendants-appellees and cross-appellants.

QUINN, Justice.

The appellant P.W. Investments (P.W.I.), with financing provided by appellant Percy Wilson Mortgage and Finance Company (Wilson), owns land involved in a two-phased real estate development called Rancho Pecos. Phase One of the development resulted in the construction of apartment buildings and that part of the development has since been sold by P.W.I. Phase Two of the development, which underlies this controversy, consists of real estate to be used...

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