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RUSTIC HILLS v. COLUMBIA SAV. & L. ASS'N

No. 82SC18.

661 P.2d 254 (1983)

RUSTIC HILLS SHOPPING PLAZA, INC., a limited partnership, and Rustic Hills Associates, a general partnership, Petitioners, v. COLUMBIA SAVINGS AND LOAN ASSOCIATION, A Colorado corporation, and Esther E. Rinard, as Public Trustee of the County of El Paso, State of Colorado, and Smartt Construction Co., a Colorado corporation, B.H. Smartt, and M.A. Smartt, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 18, 1983.

Attorney(s) appearing for the Case

Waldbaum, Corn, Lipschuetz & Koff, P.C., Jesse N. Lipschuetz, David Lichtenstein, Denver, for petitioners.

Wegher & Fulton, P.C., Richard W. Breithaupt, Laurie A. Loveday, Martha J. Ridgway, Denver, for respondents.

ROVIRA, Justice.

Petitioners appeal a district court denial of a preliminary injunction to bar the foreclosure sale of certain property. We affirm.

I.

On April 5, 1968, Smartt Construction Company, B.H. Smartt, and M.A. Smartt (Smartt) executed a deed of trust in favor of Columbia Savings and Loan Association (Columbia) encumbering the Rustic Hills Shopping Center in Colorado Springs. The deed of trust secured payment of a promissory note for $1...

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