Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co.

OPINION

OMAN, Judge, Court of Appeals.

This is an appeal by plaintiffs from a summary judgment entered in favor of defendant and dismissing plaintiffs’ complaint.

By their complaint the plaintiffs sought (1) to have defendant enjoined from transferring a tract of land without restraint or restriction upon the use to which it would be put, (2) to obtain a mandatory order directing the development of such lands by defendant, and (3) for a declaratory judgment as to the rights of the parties.

A summary judgment.is properly granted, if the movant, on the basis of uncontroverted facts, is entitled to.…