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KELLEY v. CITY OF LAKEWOOD

No. 80CA0224.

644 P.2d 103 (1982)

Richard E. KELLEY, Marjorie E. Kelley, and Master Kraft Builders Corporation, a Colorado corporation, Plaintiff-Appellant, v. CITY OF LAKEWOOD, a municipal corporation, Klak, Inc., a Colorado corporation, and all unknown persons who claim any interest in the subject matter of this action, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

April 8, 1982.

Attorney(s) appearing for the Case

Banta, Hoyt, Malone & Banta, P. C., William K. Malone, Robert G. Wilson, Jr., Englewood, for plaintiff-appellant.

Gorsuch, Kirgis, Campbell, Walker & Grover, Barbara S. Banks, C. Willing Browne, Denver, for defendants-appellees.

PIERCE, Judge.

Plaintiffs appeal from a judgment which denied their claim of reverter under a deed and which quieted title in one of the defendants, City of Lakewood. We affirm.

Plaintiffs, by deed, conveyed a 50 foot by 50 foot parcel of land to the City of Lakewood. The deed contained a reverter clause which provided that the City should own the land:

"So long as all or any portion of the above described land shall be used by the grantee herein...

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