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SANDERSON v. HEATH MESA HOMEOWNERS ASS'N

No. 07CA0236.

183 P.3d 679 (2008)

Lester SANDERSON and Joan Sanderson, Plaintiffs-Appellants, v. HEATH MESA HOMEOWNERS ASSOCIATION, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

March 20, 2008.

Attorney(s) appearing for the Case

Younge & Hockensmith, P.C., Earl Rhodes, Grand Junction, Colorado, for Plaintiffs-Appellants.

Clay and Dodson, P.C., Aaron R. Clay, Barbara J. Sanford, Delta, Colorado, for Defendant-Appellee.

Opinion by Judge TAUBMAN.

Plaintiffs, Lester and Joan Sanderson, appeal the trial court's judgment denying their trespass claim against defendant, Heath Mesa Homeowners Association. We reverse and remand for further proceedings.

I. Background

Approximately ten acres of the Sandersons' land in Montrose County lie atop and on the east slope of a hillside. The hillside is composed of gravel on top of shale, which allows water to move freely underground...

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