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WRWC, LLC v. CITY OF ARVADA

No. 03CA0445.

107 P.3d 1002 (2004)

WRWC, LLC, Plaintiff-Appellant, v. CITY OF ARVADA and Avset Management Services, LLC, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Certiorari Denied February 14, 2005.

Attorney(s) appearing for the Case

Holley, Albertson & Polk, P.C., Dennis B. Polk, Eric E. Torgersen, Golden, Colorado, for Plaintiff-Appellant.

No Appearance for Defendant-Appellee City of Arvada.

Elwyn F. Schaefer & Associates, P.C., Elwyn F. Schaefer, Denver, Colorado; Carl H. Tessler, P.C., Carl H. Tessler, Denver, Colorado, for Defendant-Appellee Avset Management Services, LLC.

Opinion by Judge RUSSEL.

In this action for injunctive relief, plaintiff, WRWC, LLC, appeals the trial court's summary judgment in favor of defendants, the City of Arvada and Avset Management Services, LLC. We affirm.

In 1974, the original property owner divided his land and conveyed the western parcel to Avset's predecessor. To make full use of an existing road, the owner reserved an easement (the road easement) over part of the western parcel. The owner...

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