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SCHNEIDER v. DRAKE

No. 00CA1212.

44 P.3d 256 (2001)

Fred R. SCHNEIDER; and Fred R. Schneider and Helen V. Schneider as co-trustees of Trust One and Trust Two of the Phillip and Helen Schneider 1986 Trust, dated December 13, 1986, Plaintiffs-Appellants and Cross-Appellees, v. Wayne DRAKE and Betsy Drake, Defendants-Appellees and Cross-Appellants, and Gary Moore, Judith Moore, Peggy Snyder, Herbert and Edna Williams, Barron Harris, Jr., Robert Wood, Wendy Wood, David Storter, and Melanie Storter, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Certiorari Denied April 8, 2002.

Attorney(s) appearing for the Case

Dufford, Waldeck, Milburn & Krohn, LLP, Nathan A. Keever, Grand Junction, CO, for Plaintiffs-Appellants and Cross-Appellees.

Overholser & Slee, P.C., Andrew J. Slee, Montrose, CO, for Defendants-Appellees and Cross-Appellants.

Brooks & Brooks, LLC, John A. Brooks, Montrose, CO, for Defendants-Appellees.

Opinion by Judge TAUBMAN.

In this dispute concerning the right to create additional lots in a subdivision, plaintiffs, Fred R. Schneider, in his individual capacity, and Helen V. Schneider and Fred R. Schneider as co-trustees of Trust One and Trust Two of the Phillip and Helen Schneider 1986 Trust (Schneiders), appeal the judgment prohibiting or limiting further subdividing and awarding defendants attorney fees. Defendants Wayne and Betsy Drake (Drakes) cross-appeal...

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