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JJR 1, LLC v. MT. CRESTED BUTTE

No. 05CA2553.

160 P.3d 365 (2007)

JJR 1, LLC; John H. Davis and Cheryl Phillips, Plaintiffs-Appellants, v. MT. CRESTED BUTTE, a municipal corporation, and Lagniappe Development, LLC, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

March 22, 2007.

Attorney(s) appearing for the Case

Scott Armitage, P.C., Scott Armitage, Westminster, Colorado, for Plaintiffs-Appellants.

Doehling & Driscoll, P.C., Gary L. Doehling, Jeffrey L. Driscoll, Grand Junction, Colorado, for Defendant-Appellee Mt. Crested Butte.

Nancy Bentson Essex, P.C., Nancy Bentson Essex, Crested Butte, Colorado, for Defendant-Appellee Lagniappe Development, LLC.

Opinion by Chief Judge DAVIDSON.

In this action concerning obstruction of views of Crested Butte mountain from their property, plaintiffs, JJR 1, LLC, John H. Davis, and Cheryl Phillips, appeal from the judgment of the trial court dismissing their C.R.C.P. 57 and 106(a)(4) and 42 U.S.C. § 1983 claims against defendants, Mt. Crested Butte, a municipal corporation (Town), and Lagniappe Development, LLC. We affirm.

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