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CONDO v. CONNERS

No. 10SC703.

266 P.3d 1110 (2011)

Elizabeth CONDO, Petitioner v. Thomas J. CONNERS, George Roberts, and Wendell Porterfield, Respondents.

Supreme Court of Colorado, En Banc.

December 19, 2011.

Attorney(s) appearing for the Case

James C. Plott , Denver, Colorado, Attorney for Petitioner.

Husch Blackwell LLP, Michael H. Berger , Denver, Colorado, Attorneys for Respondents Thomas J. Conners and George Roberts.

Kennedy Childs P.C., John R. Mann , Daniel R. McCune , Miles L. Buckingham , Denver, Colorado, Attorneys for Respondent Wendell Porterfield.

Chief Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this appeal, we review the court of appeals' determination that Thomas Banner's assignment of his voting rights and right to receive distributions to Elizabeth Condo ("the Banner assignment") was ineffective because it violated the anti-assignment clause in the Hut at Avon, LLC's ("the Hut Group") operating agreement. Condo v. Conners, ___ P.3d ___, 2010 WL 2105926 (Colo.App...

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