Colorado Department of Transportation v. Brown Group Retail, Inc.

The Colorado Department of Transportation sought review of the court of appeals' judgment affirming the denial of its motion to dismiss this groundwater contamination case. See Brown Group Retail, Inc. v. State, 155 P.3d 481 (Colo.App.2006). Although the district court found Brown Group's claims of trespass and negligent storage and disposal of hazardous waste barred by the Colorado Governmental Immunity Act, it denied the Department's motion to dismiss Brown Group's claims for contribution, unjust enrichment, and declaratory relief, finding them to be equitable in nature and not governed by…