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CITY AND COUNTY OF DENVER v. EAT OUT, INC.

No. 02CA0159.

75 P.3d 1141 (2003)

CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado, Plaintiff-Appellee, v. EAT OUT, INC., d/b/a Ilios Restaurant, a Colorado corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Certiorari Denied September 8, 2003.

Attorney(s) appearing for the Case

J. Wallace Wortham, Jr., City Attorney, Kerry A. Buckey, Assistant City Attorney, Thomas Bigler, Assistant City Attorney, Denver, Colorado, for Plaintiff-Appellee.

Appel & Lucas, P.C., Garry R. Appel, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge ROY.

In this forcible entry and detainer (FED) action, defendant, Eat Out, Inc. (tenant), appeals the trial court's order granting possession to the City and County of Denver and resolving related matters. We dismiss part of the appeal and otherwise affirm.

In June 1997, tenant leased certain real property from the owner (landlord) with primary and renewal terms of ten years each. Landlord constructed a building on the property to tenant's...

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