WESTPAC ASPEN v. RESIDENCES AT LITTLE NELL

No. 10CA0363.

284 P.3d 131 (2011)

WESTPAC ASPEN INVESTMENTS, LLC, a Colorado limited liability company, Plaintiff-Appellee, v. RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company; Aspen Land Fund, LLC; CWA Development, LLC; Centurion Partners Aspen, LLC; Centurion Partners, LLC; Whitehall Street Global Real Estate Limited Partnership 2001; Whitehall Parallel Global Real Estate Limited Partnership 2001; and W2001 Nell Real Estate, LLC, Defendants-Appellees, and Preston B. Henn and Betty D. Henn, Defendants-Appellants.

Colorado Court of Appeals, Div. V.

October 13, 2011.


Attorney(s) appearing for the Case

Sherman & Howard, L.L.C., B. Joseph Krabacher , Robert S. Hoover , Aspen, CO, for Plaintiff-Appellee.

White and Steele, P.C., Frederick W. Klann , Adam J. Goldstein , Denver, CO, for Defendants-Appellees.

Garfield & Hecht, P.C., Christopher D. Bryan , Matthew C. Ferguson , Aspen, CO, Conrad & Scherer, LLP, William R. Scherer , Fort Lauderdale, FL, for Defendants-Appellants.


Opinion by Judge CARPARELLI.

In this real property action, defendants Preston B. and Betty D. Henn (the Henns) appeal a trial court order granting a preliminary injunction against them and in favor of plaintiff, Westpac Aspen Investments, LLC (Westpac). We affirm.

This case presents an issue of first impression regarding whether the merger of title doctrine extinguishes a prescriptive easement when the sole owner of the servient estate holds title to the dominant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases