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CAMPBELL v. SUMMIT PLAZA ASSOCIATES

No. 06CA0688.

192 P.3d 465 (2008)

Michael J. CAMPBELL and Theresa M. Campbell, Plaintiffs-Appellees, v. SUMMIT PLAZA ASSOCIATES, a joint venture, Samuel Brown, an individual, Rex W. Martin, an individual, Norman Veta, an individual, Lawrence Levy, an individual, and Leonard Kapelovitz, an individual, Defendants and Third-Party Plaintiffs-Appellants, and RGB, Inc., a Colorado corporation, d/b/a Land Title Guarantee Company of Summit County, Third-Party Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Certiorari Denied September 2, 2008.

Attorney(s) appearing for the Case

Moye, White, LLP, Erik K. Foster, William F. Jones, Denver, Colorado; West, Brown, Huntley & Thompson, P.C., Mark D. Thompson, Breckenridge, Colorado, for Plaintiffs-Appellees.

Hutchinson, Black, and Cook, L.L.C., William D. Meyer, Boulder, Colorado, for Defendants and Third-Party Plaintiffs-Appellants.

Robert W. Reed, LLC, Robert W. Reed, Lakewood, Colorado, for Third-Party Defendant-Appellee.

Opinion by Judge ROTHENBERG.

In this action concerning an implied easement of necessity, defendant, Summit Plaza Associates (SPA), appeals the trial court's (1) summary judgment in favor of third-party defendant, RGB, Inc., doing business as Land Title Guarantee Company of Summit County (Land Title); (2) judgment granting plaintiffs, Michael M. and Theresa J. Campbell, an implied easement of necessity over SPA's property; and (3) judgment finding that SPA breached...

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