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TOWN OF MONUMENT v. STATE

Court of Appeals No. 17CA1663.

467 P.3d 1126 (2018)

2018 COA 148

TOWN OF MONUMENT, a statutory municipality of the State of Colorado, Plaintiff-Appellant, v. STATE of Colorado, BY AND THROUGH the STATE BOARD OF LAND COMMISSIONERS; Forest View Company; and Raymond Decker, Intervenors-Appellees.

Colorado Court of Appeals, Div. VII.

Announced October 4, 2018.

Attorney(s) appearing for the Case

Murray Dahl Kuechenmeister & Renaud LLP, Malcolm Murray , Joseph Rivera , Lakewood, Colorado, for Plaintiff-Appellant.

Cynthia H. Coffman , Attorney General, Ed Hamrick , Senior Assistant Attorney General, Eva La , Assistant Attorney General, Denver, Colorado, for Intervenor-Appellee State of Colorado.

Hanes & Bartels LLC, Richard W. Hanes , Brenda L. Bartels , Colorado Springs, Colorado, for Intervenors-Appellees Forest View Company and Richard Decker.

¶ 1 The Town of Monument (the Town) bought a parcel of real property in a residential subdivision, intending to construct a municipal water storage tank on the lot. There was only one problem: a restrictive covenant prohibiting such structures applies to all lots in the subdivision. So the Town filed this case, seeking...

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