CITY & COUNTY OF DENVER v. BLOCK 173

No. 90SC382.

814 P.2d 824 (1991)

The CITY AND COUNTY OF DENVER; the City Council of the City and County of Denver, by its council members (not as individuals, but as members of the City Council), T.J. Hackworth, M.L. Sandos, Stephanie A. Foote, Paul L. Swalm, John J. Silchia, Nieves Perez McIntire, Hiawatha Davis, Jr., Salvadore Carpio, Cathy Donohue, William R. Roberts, Robert L. Crider, Cathy Reynolds, William A. Scheitler, the Denver Urban Renewal Authority; Federico Pena, as Mayor of the City and County of Denver; Thomas P. Briggs, Manager of Revenue of the City and County of Denver and Ex Officio Treasurer and Assessor of the City and County of Denver; Felicia Muftic, City Clerk of the City and County of Denver; BCE Development Properties, Inc.; and Freida Marin, Public Trustee, Petitioners, v. BLOCK 173 ASSOCIATES, a Colorado general partnership, Donald Oberndorf; Leo Stern; Harry Paul Wertheimer; Carol Brodie, Administrator for the Edith O. Wertheimer Trust; and Dottie Hammell, Respondents.

Supreme Court of Colorado, En Banc.

July 9, 1991.


Attorney(s) appearing for the Case

Opperman & Associates, P.C., Marlin D. Opperman, William M. Schell, Linda A. Surbaugh, Denver, for Denver Urban Renewal Authority.

Davis, Graham & Stubbs, Dale R. Harris, David R. Hammond, Lisa S. Kahn, Denver, for petitioner BCE Development Properties.

Patricia L. Wells, City Atty., Robert M. Kelly, Donald E. Wilson, Karen A. Aviles, Asst. City Attys., Denver, for petitioners the City and County of Denver; the City Council of the City and County of Denver, by its council members (not as individuals, but as members of the City Council), T.J. Hackworth, M.L. Sandos, Stephanie A. Foote, Paul L. Swalm, John J. Silchia, Nieves Perez McIntire, Hiawatha Davis, Jr., Salvadore Carpio, Cathy Donohue, William R. Roberts, Robert L. Crider, Cathy Reynolds, William A. Scheitler; Federico Pena, as Mayor of the City and County of Denver; Thomas P. Briggs, Manager of Revenue of the City and County of Denver and Ex Officio Treasurer and Assessor of the City and County of Denver; Felicia Muftic, City Clerk of the City and County of Denver; and Freida Marin, Public Trustee.

Baker & Hostetler, James A. Clark, Bruce D. Pringle, Joan B. Burleson, Denver, for respondent Block 173 Associates.


Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari to review the opinion of the Colorado Court of Appeals, Block 173 Associates v. City & County of Denver, 797 P.2d 771 (Colo.App.1990). The issue is whether res judicata or collateral estoppel operates to bar the trial of the plaintiff's, Block 173 Associates (landowner), claims in state court. The landowner's state claims contested an urban...

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