SILVERVIEW AT OVERLOOK, LLC v. OVERLOOK AT MT. CRESTED BUTTE LTD.

No. 03CA0114.

97 P.3d 252 (2004)

SILVERVIEW AT OVERLOOK, LLC, a Colorado limited liability company, Plaintiff-Appellee, v. OVERLOOK AT MT. CRESTED BUTTE LIMITED LIABILITY COMPANY, Defendant-Appellant, and Overlook at Mt. Crested Butte Condominium Association, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

Certiorari Denied August 16, 2004.


Attorney(s) appearing for the Case

Wilderson, O'Hayre, Dawson & Frazier, Rufus O. Wilderson, Gunnison, Colorado, for Plaintiff-Appellee.

McConnell Siderius Fleischner Houghtaling & Craigmile, LLC, Michael T. McConnell, Troy R. Rackham, Denver, Colorado, for Defendant-Appellant.

Eaton, Martinez, Hart & Valdez, P.C., Roger Eaton, Albuquerque, New Mexico, for Defendant-Appellee.


Opinion by Judge PICCONE.

In this action concerning the validity of reserved future development rights, defendant, Overlook at Mt. Crested Butte Limited Liability Company (Overlook), appeals the order on cross-motion for determination of law entered in favor of plaintiff, Silverview at Overlook, LLC (Silverview), and codefendant Overlook at Mt. Crested Butte Condominium Association (Association). We affirm.

Overlook developed a condominium project pursuant...

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