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Madden v. Mountain West Fabricators

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eBook details

  • Title: Madden v. Mountain West Fabricators
  • Author : Colorado Supreme Court
  • Release Date : January 12, 1999
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

Plaintiff-Appellants, Park County Sportsmens Ranch, LLP ("PCSR"), Kenneth J. Burke (PCSRs attorney at trial), and the City of Aurora, appeal from a judgment of the District Court for Water Division 1 dismissing PCSRs water rights application and awarding attorney fees and costs to objectors who successfully opposed the application. First, we affirm the water courts decision dismissing PCSRs application for lack of an adequate augmentation plan. Second, we affirm the water courts award of costs to Opposers. Finally, we reverse the water courts award of attorney fees to Opposers, except for those amounts associated with PCSRs claims for precipitation and irrigation run-off, which were frivolous from inception. Because PCSR, as Auroras agent, litigated a frivolous claim, we affirm the water courts order joining Aurora as a party for the purposes of determining attorney fees.


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