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GLADIN v. VON ENGELN

No. 75-072.

550 P.2d 352 (1976)

James F. GLADIN and Faye J. Gladin, Plaintiffs-Appellees, v. R. D. VON ENGELN, Individually and as General Partner of Interstate Eighth Street Company, a limited partnership, and Interstate Eighth Street Company, a limited partnership, Defendants-Appellants and Appellees on Cross-claims, and The City of Colorado Springs, a Municipal Corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 15, 1976.

Certiorari Granted June 1, 1976.

Attorney(s) appearing for the Case

Edward D. Cleveland, Colorado Springs, for plaintiffs-appellees.

Bennett & Wills, Matthew B. Wills, Colorado Springs, for defendants-appellants and appellees on cross-claims, R. D. Von Engeln and Interstate Eighth Street Co.

Gordon D. Hinds, City Atty., Horn, Anderson & Johnson, Gregory L. Johnson, Louis Johnson, Colorado Springs, for defendant-appellant City of Colorado Springs.

Selected for Official Publication.

PIERCE, Judge.

The subject of this action is the alleged removal of lateral support from real estate. Defendants, R. D. Von Engeln, Interstate Eighth Street Company (8th Street), and the City of Colorado Springs (the City), appeal from a judgment entered on jury verdicts in favor of plaintiffs James and Faye Gladin. We reverse.

The Gladin property is located immediately to the south of certain undeveloped property...

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