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NOTCH MOUNTAIN CORP. v. ELLIOTT

No. 94SC325.

898 P.2d 550 (1995)

NOTCH MOUNTAIN CORPORATION, Petitioner, v. Jack ELLIOTT, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 24, 1995.

Attorney(s) appearing for the Case

Parcel, Mauro, Hultin & Spaanstra, P.C., David A. Bailey, Michael M. Page and Kimberly A. Tempel, Denver, for petitioner.

John W. Savage, P.C., John W. Savage, Rifle, for respondent.

Chief Justice ROVIRA delivered the Opinion of the Court.

We granted certiorari in Elliott v. Notch Mountain Corp., 881 P.2d 434 (Colo. App.1994), to decide whether the court of appeals erred in holding that a severed mineral estate and a reservation in a surface estate constitutes an "equitable interest" sufficient to exercise a right of redemption pursuant to section 39-12-103(1), 16B C.R.S. (1994).

We hold that the...

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