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NICOL v. NELSON

No. 88CA0140.

776 P.2d 1144 (1989)

Alan B. NICOL and Karen B. Nicol; Robert L. Hoerr and Jere L. Hoerr; James B. Turner and Mary Katherine Turner; Donald A. Anderson and Ruth L. Anderson, Plaintiffs-Appellees, v. Ken NELSON, a/k/a Kenneth M. Nelson; Daniel E. Hilty; Lydia B. Hilty; and Ken Nelson, d/b/a Albatross Company, a common law contractual investment organization organized under the laws of the Turks and Calcos Islands, British West Indies; Daniel M. Hall and Mary Ann Hall; Renee C. Leavitt; Marilyn K. Delmonico and Douglas J. Delmonico, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 15, 1989.

Attorney(s) appearing for the Case

Williams, Trine, Greenstein & Griffith, P.C., David W. Griffith, Boulder, for plaintiffs-appellees.

Holley, Albertson & Polk, P.C., Dennis B. Polk and Steven J. Niparko, Golden, for defendants-appellants.

TURSI, Judge.

Defendants, Ken Nelson and Daniel and Lydia Hilty, appeal from a judgment permanently enjoining them from developing a tract of land they own. We affirm.

Plaintiffs, Alan B. and Karen B. Nicol, Robert L. and Jere L. Hoerr, James B. and Mary Katherine Turner, and Donald A. and Ruth L. Anderson, purchased subdivision lots from defendant Ken Nelson. The lots bordered on the undeveloped tract in question and offered scenic views of an adjacent lake...

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