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LANDMARK TOWERS ASSOCIATION v. UMB BANK

Court of Appeals Nos. 14CA2099 & 14CA2463.

436 P.3d 1126 (2016)

2016 COA 61

LANDMARK TOWERS ASSOCIATION, INC., a Colorado nonprofit corporation, by EWP-GV, LLC, as receiver for 7677 East Berry Avenue Associates, LP, its declarant, Plaintiff-Appellee and Cross-Appellant, v. UMB BANK, N.A., Colorado Bondshares, a tax exempt fund; and Marin Metropolitan District, a Colorado special district, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied May 12, 2016.

Attorney(s) appearing for the Case

Burg Simpson Eldredge Hersh & Jardine, P.C., Brian K. Matise , Diane Vaksdal Smith , Nelson P. Boyle , Denver, Colorado, for Plaintiff-Appellee and Cross-Appellant.

Kutak Rock LLP, Neil L. Arney , Mia K. Della Cava ; McNamara Law Firm, P.C., John N. McNamara , Denver, Colorado, for Defendants-Appellants and Cross-Appellees.

Sherman & Howard, LLC, Joseph J. Bronesky , Peter J. Whitmore , Denver, Colorado, for Amicus Curiae Colorado Municipal Bond Dealers Association.

Butler Snow LLP, Monica Rosenbluth , Denver, Colorado, for Amicus Curiae Special District Association of Colorado.

¶ 1 A real estate developer, Everest Marin, L.P. (Everest), created a special district, the Marin Metropolitan District (District), as a vehicle for financing the infrastructure of a to-be-developed residential community known as the European Village. The District issued bonds to finance the development which were...

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