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EAST LAKE CREEK RANCH, LLP v. BROTMAN

No. 98CA0653.

998 P.2d 46 (1999)

EAST LAKE CREEK RANCH, LLP, A Colorado limited liability partnership, Plaintiff-Appellee and Cross-Appellant, v. Robert BROTMAN, State Board of Land Commissioners, and the State of Colorado, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied October 21, 1999.

Certiorari Granted May 15, 2000.

Attorney(s) appearing for the Case

Fairfield and Woods, P.C., Robert S. Sloskey, Denver, Colorado; Dunn, Abplanalp & Mauriello, P.C., John W. Dunn, Vail, Colorado, for Plaintiff-Appellee and Cross-Appellant.

Duncan, Ostrander & Dingess, P.C., Donald M. Ostrander, and Ronald E. Vonlembke, Denver, Colorado, for Defendant-Appellant and Cross-Appellee Robert Brotman.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, D. Edgar Hamrick, Assistant Attorney General, Denver, Colorado, for Defendant-Appellant and Cross-Appellee State Board of Land Commissioners and State of Colorado.

Opinion by Judge PLANK.

In this action for declaratory and injunctive relief, defendants, Robert Brotman, State Board of Land Commissioners (Board), and the State of Colorado, appeal from the trial court's injunction barring Brotman and the Board from completing their "land exchange" agreement. The Board also appeals the trial court's ruling which acknowledged the standing of plaintiff, East Lake Creek Ranch (ELCR), as a taxpayer to challenge that exchange. Plaintiff...

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