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UPPER PLATTE AND BEAVER CANAL v. RIV. COM.

No. 09CA0769.

250 P.3d 711 (2010)

The UPPER PLATTE AND BEAVER CANAL COMPANY, Plaintiff-Appellee, v. RIVERVIEW COMMONS GENERAL IMPROVEMENT DISTRICT, a quasi-municipal subdivision of the State of Colorado, and the City of Fort Morgan, a Colorado home rule municipal corporation, Defendants-Appellants.

Colorado Court of Appeals, Div. IV.

April 15, 2010.

Attorney(s) appearing for the Case

Carlson, Hammond & Paddock, LLC, William A. Paddock , Mary Mead Hammond , Beth Ann J. Parsons , Denver, Colorado, for Plaintiff-Appellee.

Jeffrey A. Wells , City Attorney, Jerrae C. Swanson , Assistant City Attorney, Fort Morgan, Colorado, for Defendants-Appellants.

Opinion by Judge WEBB.

This dispute over interference with an easement juxtaposes the property rights of plaintiff, Upper Platte and Beaver Canal Company (Company), which holds the dominant estate, and the immunity from tort liability under the Colorado Governmental Immunity Act, §§ 24-10-101 to -120, C.R.S. 2009 (CGIA), of defendants, Riverview Commons General Improvement District and the City of Fort Morgan (collectively, City)1

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