Atchison v. City of Englewood

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This case has been before this court on two previous occasions 1 and before the Court of Appeals once. 2 The action was initiated by the Atchisons’ claim that preemptive rights granted to them by the City of Englewood (hereinafter called the City) were violated. The Atchisons’ complaint in the present action sought reformation of the preemptive rights agreement; specific performance, rescission, or damages; and other relief. The trial court reformed the preemptive rights agreement to eliminate the portion of that agreement which violated the rule against perpetuities. However, the trial…