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EAST RIDGE OF FORT COLLINS, LLC v. LARIMER & WELD IRR. CO.

No. 03SA372.

109 P.3d 969 (2005)

EAST RIDGE OF FORT COLLINS, LLC, a Colorado limited liability company, Plaintiff-Appellant, v. The LARIMER AND WELD IRRIGATION COMPANY, a mutual ditch company, Defendant-Appellee, and Division Engineer for Water Division No. 1, Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

Rehearing Denied April 25, 2005.

Attorney(s) appearing for the Case

Tienkin & Hill, LLP, Alan G. Hill, Louisville, for Plaintiff-Appellant.

The Dow Law Firm, LLC, Mayo Sommermeyer, Fort Collins, for Defendant-Appellee.

KOURLIS, Justice.

This is a water case in which East Ridge of Fort Collins, LLC filed a Complaint for Declaratory Judgment against the Larimer and Weld Irrigation Company ("Irrigation Company"), a mutual ditch company. In the Complaint, East Ridge averred that it was the owner of certain real estate and, as such, successor in interest to the rights and privileges conferred by two contracts: one entered into between Benjamin H. Eaton and Clara A. McGinley and another...

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