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THOMPSON CREEK v. TABERNASH MEADOWS WATER

No. 09CA1663.

240 P.3d 554 (2010)

THOMPSON CREEK TOWNHOMES, LLC, Plaintiff-Appellant, v. TABERNASH MEADOWS WATER AND SANITATION DISTRICT, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

June 10, 2010.

Attorney(s) appearing for the Case

Benjamin, Bain & Howard, LLC, Alvin M. Cohen , Greenwood Village, Colorado, for Plaintiff-Appellant.

Karsh, Fulton, Gabler & Joseph, P.C., Seymour Joseph , Denver, Colorado, for Defendant-Appellee.

Opinion by Judge GRAHAM.

A real estate developer sought to compel a water and sanitation district to reserve and make available a number of water taps. Its claim seeking specific performance was dismissed on summary judgment in favor of the district. Because we conclude that the trial court correctly determined that it could not order specific performance against the district, we affirm.

I. Introduction

Thompson Creek Townhomes, LLC (Thompson Creek...

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