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SOUTH CREEK ASSOCIATES v. BIXBY & ASSOC.

No. 85CA1515.

753 P.2d 785 (1987)

SOUTH CREEK ASSOCIATES, a Colorado general partnership, Plaintiff-Appellant, v. BIXBY & ASSOCIATES, INC., a Colorado corporation, d/b/a Bixby Day School, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 21, 1988.

Certiorari Granted April 18, 1988.

Attorney(s) appearing for the Case

Berenbaum & Weinshienk, Barry M. Permut, Amy Therese Loper, Denver, for plaintiff-appellant.

Martin, Knapple, Humphrey & Tharp, Andrew M. Gaydosh, Boulder, for defendant-appellee.

Certiorari Granted (South Creek) April 18, 1988.

PIERCE, Judge.

Plaintiff, South Creek Associates, appeals the summary judgment entered in favor of defendant, Bixby and Associates, Inc. (Bixby). The trial court found that Bixby was entitled to parking privileges upon plaintiff's property. We affirm.

In 1977, McStain Enterprises (McStain) proposed the development of a shopping center within the city of Boulder. As owner of the entire area of land, McStain...

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