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WATER DIST. v. BD. OF LAND COM'RS

No. 95CA1518.

968 P.2d 168 (1998)

FOREST VIEW ACRES WATER DISTRICT, a body corporate and political subdivision of the State of Colorado; Marvin B. Logan; Darlene Leak; William K. Barton; Randy Scott; and Thomas Guenther, in their official capacity as Directors of Forest View Acres Water District, Plaintiffs-Appellants, v. THE COLORADO STATE BOARD OF LAND COMMISSIONERS, an agency of The Department of Natural Resources of the State of Colorado; Lucy Black Creighton; and Robert R. Mailander and John S. Wilkes, III, in their official capacity as Commissioners, Defendants-Appellees, and FOREST VIEW COMPANY, Defendant-Appellee and Third-Party Plaintiff-Appellee, v. Marvin B. LOGAN; Darlene Leak; William K. Barton; Randy Scott; and Thomas Guenther, Third-Party Defendants-Appellants.

Colorado Court of Appeals, Div. I.

October 29, 1998.

Attorney(s) appearing for the Case

Hall & Evans, L.L.C., Alan Epstein, Jeffery B. Stalder, Gregory M. Cornell, Denver, Colorado; J. Douglas Schering, Colorado Springs, Colorado; Richard P. Ranson, Colorado Springs, Colorado, for Plaintiffs-Appellants.

Porter, Spencer, Burghart, P.C., Arthur W. Porter, Melissa L. Phillips, Michael W. Carpenter, Colorado Springs, Colorado, for Defendants-Appellees and Third-Party Plaintiff-Appellee.

Opinion by Judge MARQUEZ.

In this action for declaratory relief, plaintiff, Forest View Acres Water District (Water District), and plaintiffs and third-party defendants, Marvin B. Logan, Darlene Leak, William K. Barton, Randy Scott, and Thomas Guenther, appeal the trial court's order denying their motions to dismiss the tort counterclaims and third-party complaint of defendant, Forest View Company (Forest View). We affirm in part, reverse in part, and remand for further...

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