INCOME REALTY & MORTGAGE, INC., a Colorado corporation; Richard M. Stern, and Dorothy A. Stern; Santa Fe National Bank, a National Banking Association, as Trustee; and David Engel, Plaintiffs-Appellees,
v.
COLUMBIA SAVINGS AND LOAN ASSOCIATION, a Colorado corporation; and F.J. Serafini, as Public Trustee for the City and County of Denver, State of Colorado, Defendants-Appellants.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
March 28, 1983.
Rehearing Denied April 18, 1983.
Attorney(s) appearing for the Case
Sterling & Simon, P.C., Harry Sterling, Nancy D. Miller, Denver, for Income Realty & Mortgage, Inc.
Robert Vinton, Denver, for Stern and Santa Fe Nat. Bank.
Davies and Company, P.C., Joseph A. Davies, Curtis W. Shortridge, Denver, for David Engel.
Wegher & Fulton, P.C., Richard W. Breithaupt, David R. DeMuro, Denver, for Columbia Sav. and Loan Ass'n.
Calkins, Kramer, Grimshaw & Harring, James S. Bailey, Jr., Victor L. Wallace, II, Thomas T. Tornow, Denver, for amicus curiae Sav. & Loan League of Colorado, Inc.
Fairfield & Woods, Patrick F. Kenney, Denver, for amicus curiae Midland Federal Sav. and Loan Ass'n.
Frascona, McClow & Joiner, John H. McClow, James C. Smittkamp, Boulder, for amicus curiae Empire Sav., Bldg. and Loan Ass'n.
Holme Roberts & Owen, James T. Flynn, Lawrence Ponoroff, Colorado Springs, for amicus curiae Federal Home Loan Mortg. Corp.
Supreme Court of Colorado, En Banc.
ROVIRA, Justice.
This case is before us on a writ of certiorari granted pursuant to C.A.R. 50. The district court enjoined the foreclosure of a deed of trust encumbering an apartment building, holding that the "due-on-sale" clause1 in the deed of trust constituted an unreasonable restraint on alienation. Respondent Columbia Savings and Loan Association (Columbia) appealed this ruling to the Colorado...
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