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TOWN OF CARBONDALE v. GSS PROPERTIES, LLC

No. 03CA2523.

140 P.3d 53 (2005)

The TOWN OF CARBONDALE, a Colorado municipal corporation, Plaintiff-Appellee, v. GSS PROPERTIES, LLC, a North Carolina limited liability company, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Certiorari Denied July 17, 2006.

Attorney(s) appearing for the Case

Caloia, Houpt & Hamilton, P.C., Mark E. Hamilton, Glenwood Springs, Colorado; Robert B. Emerson, P.C., Robert B. Emerson, Carbondale, Colorado, for Plaintiff-Appellee.

Walter H. Sargent, P.C., Walter H. Sargent, Colorado Springs, Colorado, for Defendant-Appellant.

VOGT, J.

In this action for violation of a watershed protection ordinance, defendant, GSS Properties, LLC, appeals the trial court judgment directing that a decree of abatement issue against it and in favor of plaintiff, the Town of Carbondale. We reverse and remand with directions.

In 1999, GSS purchased a fifty-five-acre parcel located above the Town's Nettle Creek water plant. GSS began construction and earthmoving...

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