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ST. JUDE'S CO. v. ROARING FORK CLUB, L.P.

No. 98CA1025.

15 P.3d 281 (1999)

ST. JUDE'S COMPANY, a Colorado corporation, Plaintiff-Appellant and Cross-Appellee, v. ROARING FORK CLUB, L.P., Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 6, 2000.

Certiorari Granted December 18, 2000.

Attorney(s) appearing for the Case

Balcomb & Green, P.C., David Sandoval, Scott Balcomb, Glenwood Springs, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Patrick & Stowell, P.C., Brian L. Stowell, Kristin L. Howse, Aspen, Colorado, for Defendant-Appellee and Cross-Appellee.

Opinion by Judge NEY.

Plaintiff, St. Jude Company, appeals the trial court's judgment granting limited injunctive relief in its favor, and the court's denial of attorney fees without a hearing. Defendant, the Roaring Fork Club, cross-appeals the trial court's judgment in favor of plaintiff. We affirm in part, reverse in part, and remand with directions.

Plaintiff and defendant own neighboring properties and co-own unincorporated ditches and rights to the water...

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