In re Gary L. SMITH, also known as Gary L. Smith, D.D.S., P.C., doing business as Aurora Family Dental Center and formerly doing business as Chambers Professional Center, individually and as officer, director and shareholder of Gary L. Smith, D.D.S., P.C., d/b/a Aurora Family Dental Center and f/d/b/a Chambers Professional Center, Debtor.
Gary L. SMITH, Plaintiff-Appellant,
v.
Marie V. WALKER, Defendant-Appellee.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
September 23, 1996.
September 23, 1996.
Attorney(s) appearing for the Case
John W. Sabo, III, Colorado Springs, for Assignee North West Life Assurance Company of Canada.
Steven L. Shropshire, Denver, F. Kelly Smith, Wheat Ridge, for Debtor/Appellant Gary L. Smith.
Bucholtz & Bull, P.C., James C. Bull, Denver, for Defendant-Appellee Marie V. Walker.
Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Jennifer L. Gimbel, Deputy Attorney General, Wendy C. Weiss, First Assistant Attorney General, Peter A. Fahmy, Assistant Attorney General, Natural Resources Section, Denver, for Amicus Curiae Colorado Attorney General.
Duncan, Ostrander & Dingess, P.C., John M. Dingess, Denver, Anderson, Dude, Pifher & Lebel, P.C., Mark T. Pifher, Colorado Springs, for Amici Curiae City of Aurora and City of Colorado Springs.
Supreme Court of Colorado, En Banc.
Justice KOURLIS delivered the Opinion of the Court.
Pursuant to C.A.R. 21.1, this court has agreed to answer the following question certified to it by the United States Court of Appeals for the Tenth Circuit:
Whether the water rights that are the subject of this appeal were derived from Gary L. Smith's purchase of the overlying property from Marie V. Walker and appurtenant to Mr. Smith's ownership of the property, in light of the applicable case law and Colorado...
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