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CITY & COUNTY OF DENVER v. AMERITRUST

No. 90CA2164.

832 P.2d 1054 (1992)

CITY AND COUNTY OF DENVER, a municipal corporation, and the Denver Urban Renewal Authority, a body corporate and politic of the State of Colorado, Plaintiffs-Appellees, and Historic Denver, Inc., a Colorado non-profit corporation, Plaintiff-Intervenor-Appellee, v. AMERITRUST COMPANY NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States, Defendant-Intervenor-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied February 13, 1992.

Certiorari Denied July 13, 1992.

Attorney(s) appearing for the Case

Office of City Atty., Patricia L. Wells, City Atty., Karen A. Aviles, Robert M. Kelly, Asst. City Attorneys, Denver, for plaintiffs-appellees.

Gibson, Dunn & Crutcher, George W. Bermant, Gregory J. Kerwin, Kevin M. Brady, Denver, for plaintiff-intervenor-appellee.

Baker & Hostetler, John B. Moorhead, Peter J. Korneffel, Jr., Timothy R. Beyer, Denver, for defendant-intervenor-appellant.

Opinion by Judge DAVIDSON.

Defendant, Ameritrust Company National Association (Ameritrust), appeals from the trial court's denial of its motion for costs and damages against plaintiffs, City and County of Denver (Denver), the Denver Urban Renewal Authority (DURA), and, by intervention, Historic Denver, Inc. (Historic Denver), for wrongful issuance of a temporary restraining order and a preliminary injunction. We affirm.

In September 1989, Denver and DURA filed...

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