Omnibank Iliff, N.A. v. Tipton

Opinion by

Judge REED.

Plaintiff, Omnibank Iliff, N.A., appeals the summary judgment entered in favor of defendants, the Department of Revenue, State of Colorado (Department) and its executive director, John J. Tipton. We reverse and remand for further proceedings.

This is an action pursuant to § 39-21-114(6), C.R.S. (1982 Repl.Vol. 16B) for damages which Omnibank claims it suffered from the Department’s seizure and tax sale of assets upon which Omnibank held a security interest and from the disbursement of the surplus proceeds from the sale. Om-nibank contends that the sale was illegal because…