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CUCHARAS SANITATION & WATER v. MOUNSEY

No. 89CA1550.

805 P.2d 1177 (1990)

CUCHARAS SANITATION & WATER DISTRICT, a quasi-municipal corporation, County of Huerfano, State of Colorado, Petitioner-Appellant, v. C.J. MOUNSEY, L. Catherine Mounsey, and Shirley Zubal, Treasurer of the County of Huerfano, State of Colorado, Respondents-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied January 24, 1991.

Attorney(s) appearing for the Case

Robinson & Scheurer, P.C., Michael D. Boster, Peter J. Gowen, Lakewood, for petitioner-appellant.

Opperman & Associates, P.C., Marlin D. Opperman, William M. Schell, Denver, for respondents-appellees.

Opinion by Judge KELLY*.

In this appeal of an adverse summary judgment dismissing its condemnation proceeding against the Mounseys, the Cucharas Sanitation and Water District presents three questions for resolution: Did the trial court err in requiring the District to join its easement claims with its primary site claim; did the trial court err in entering summary judgment against the District because it had failed properly to prepare...

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