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  5. 897 P.2d 874 (1995)
 

COLO. CITY METRO. DIST. v. GRABER & SON'S

No. 94CA1217.

897 P.2d 874 (1995)

COLORADO CITY METROPOLITAN DISTRICT, Plaintiff-Appellee, v. GRABER AND SON'S, INC., a Colorado corporation, also known as Graber and Sons, Inc., a Colorado corporation, Morris L. Graber and Betty J. Graber, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied May 18, 1995.

Attorney(s) appearing for the Case

Kogovsek & Higinbotham, P.C., Daniel C. Kogovsek, Pueblo, for plaintiff-appellee.

Banner & Enck, P.C., Mark A. Ohlsen, Pueblo, for defendants-appellants.

Opinion by Judge PIERCE*.

In this foreclosure action, defendants, Graber and Son's, Inc., Morris L. Graber, and Betty J. Graber, appeal from a partial summary judgment entered on their counterclaim in favor of plaintiff, the Colorado City Metropolitan District (the District), based on sovereign immunity. Our jurisdiction is based upon § 24-10-108, C.R.S. (1994 Cum. Supp.). We reverse and remand.

The complaint filed in 1992...

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