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FORT COLLINS v. BROWN FARM JOINT VENTURE

No. 90CA698.

819 P.2d 1085 (1991)

CITY OF FORT COLLINS, a Colorado municipal corporation, Plaintiff-Appellee, v. BROWN FARM JOINT VENTURE, a Colorado joint venture; John R.P. Wheeler, an individual; and Robert Martin, an individual, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 11, 1991.

Certiorari Denied October 28, 1991.

Attorney(s) appearing for the Case

Anderson, Sommermeyer, Wick & Dow, Mayo Sommermeyer, Robert J. Penny, Fort Collins, Colo., for plaintiff-appellee.

Wyatt & Martel, James A. Martell, Fort Collins, Colo., for defendants-appellants.

Opinion by Judge PLANK.

In this action premised on a claim of breach of contract, defendants, Brown Farm Joint Venture, John R.P. Wheeler, and Robert Martin, appeal the summary judgment entered against them and in favor of the City of Fort Collins. We affirm the judgment.

The issue is presented upon agreed facts. Wheeler Realty Company as owner applied to the City for approval of a plan to develop certain property known as Brown Farm Sixth and Seventh Filings...

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