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COLORADO SPRINGS v. TIMBERLANE ASSOC.

No. 90SC645.

824 P.2d 776 (1992)

CITY OF COLORADO SPRINGS, a municipal corporation, Petitioner, v. TIMBERLANE ASSOCIATES, a Colorado general partnership; Investment Builders Corporation, a Colorado corporation; John W. Dawson; and Joseph M. Birdsell, Individually, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 24, 1992.

Attorney(s) appearing for the Case

Anderson, Johnson & Gianunzio, Gregory L. Johnson, Kelly Dude, Colorado Springs, for petitioner.

Susemihl, Lohman, Kent, Carlson & McDermott, P.C., Peter M. Susemihl, Catherine Woelk-Rudisill, Colorado Springs, for respondents.

Colorado Mun. League, Kathleen E. Haddock, Denver, for amicus curiae Colorado Mun. League.

Gorsuch, Kirgis, Campbell, Walker and Grover, Joseph B. Wilson, Denver, for amicus curiae Colorado Ass'n of Mun. Utilities.

Justice VOLLACK delivered the Opinion of the Court.

The City of Colorado Springs (the City) appeals from a court of appeals ruling that statutes of limitations run against cities when they act in a proprietary capacity, such as when operating a public utility. We affirm the court of appeals result on different grounds.

I.

In September of 1975, Timberlane Associates (Timberlane) owned an apartment complex in the City of Colorado Springs. The apartment...

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