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MEYER v. LANDMARK UNIVERSAL, INC.

No. 82CA1015.

692 P.2d 1129 (1984)

Guido P. MEYER and Gertrude M. Meyer, Plaintiffs-Appellants and Cross-Appellees, v. LANDMARK UNIVERSAL, INCORPORATED, a delinquent Colorado corporation, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 26, 1984.

Certiorari Denied December 17, 1984.

Attorney(s) appearing for the Case

Kerwin & Elliott, Thomas J. Kerwin, Patricia R. McCrohan, Bradley A. Cromer, Denver, for plaintiffs-appellants and cross-appellees.

Goluba & Goluba, David Goluba, Nicholas W. Goluba, Jr., Glenwood Springs, for defendant-appellee and cross-appellant.

VAN CISE, Judge.

Plaintiffs, Guido P. Meyer and Gertrude M. Meyer, appeal the trial court's grant of a summary judgment in favor of defendant, Landmark Universal, Incorporated (Landmark). Landmark cross-appeals the denial of its request for attorney's fees. We affirm in part and reverse in part.

Plaintiffs own 200 acres of land in Basalt. They also own certain adjudicated water rights in the Kester Ditch. The Kester Ditch carries water diverted from the Roaring...

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