ASPEN-WESTERN CORP. v. BD. OF CTY. COM'RS

No. 81CA1140.

661 P.2d 1175 (1982)

ASPEN-WESTERN CORPORATION, a Colorado corporation, Plaintiff-Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Colorado, Defendant-Appellee, William L. Marple, Mary A. Marple, Josephine A. Young, David M. Hyman, Bela M. Hughes, Stephen W. Keene, George Clark, Charles A. Hallam, as the last duly constituted board of directors of the Smuggler Mining Company, a corporation organized under the laws of the State of Colorado, as trustees for the stockholders and creditors of said corporation, Richard W. Stewart, as public trustee of the County of Pitkin, State of Colorado, his predecessors and successors, for the stockholders and creditors of the Smuggler Mining Company, a corporation organized under the laws of the State of Colorado, if the last acting director thereof is now deceased, and All Unknown Persons Who Claim Any Interest in Subject Matter of This Action, Defendants.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 8, 1982.

Certiorari Denied April 18, 1983.


Attorney(s) appearing for the Case

Gary A. Wright, Aspen, for plaintiff-appellant.

Sandra Stuller, Aspen, for defendants-appellees.


KIRSHBAUM, Judge.

Plaintiff, Aspen-Western Corporation, (Aspen-Western) appeals the trial court's order granting the summary judgment motion of defendant, the Board of County Commissioners of Pitkin County (the Board). We affirm in part and reverse in part.

The record reveals the following relevant facts. In August 1978, Aspen-Western initiated this quiet title action pursuant to C.R.C.P. 105, alleging ownership of certain real property described as "Silver...

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