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AUXIER v. McDONALD

Court of Appeals No. 14CA0696.

363 P.3d 747 (2015)

2015 COA 50

Jeff AUXIER, Plaintiff-Appellant, v. Dara McDONALD, in her capacity as Administrator for the City of Salida; Planning Commission, City of Salida; City Council, City of Salida; and City of Salida, Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. VII.

Rehearing Denied May 14, 2015.

Attorney(s) appearing for the Case

Jeff Auxier, Pro Se.

Karp Neu Hanlon, P.C., Karl J. Hanlon , Jeffrey J. Conklin , Glenwood Springs, Colorado, for Defendants-Appellees.

Opinion by JUDGE NAVARRO

¶ 1 In this case, we consider whether C.R.C.P. 106(b) permits a party to bring a claim under C.R.C.P. 106(a)(4) after the limitations period for such a claim has expired so long as that party sought other relief under C.R.C.P. 106(a) within the limitations period. We hold that C.R.C.P. 106(b) does not permit a party to do so.

¶ 2 Plaintiff, Jeff Auxier, appeals the district court's judgment entered after dismissal...

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