Legal Opinion
Sanderson v. Heath Mesa Homeowners Ass'n
Colorado Court of Appeals
Decided March 20, 2008No. 07CA0236PublishedCited by 12 opinions
1Opinion of the Court
Opinion by
Judge TAUBMAN.
Plaintiffs, Lester and Joan Sanderson, appeal the trial court's judgment denying their trespass claim against defendant, Heath Mesa Homeowners Association. We reverse and remand for further proceedings.
I. Background
Approximately ten acres of the Sander-song' land in Montrose County lie atop and on the east slope of a hillside. The hillside is composed of gravel on top of shale, which allows water to move freely underground. Heath Mesa owns a historical easement for an irrigation ditch on the Sandersons' property. ,
In 1988, Howard Heath, the predecessor-in-interest to…
2Cases cited13 opinions
- Public Service Co. of Colorado v. Van WykSupreme Court of Colorado · 2001
- Lazy Dog Ranch v. Telluray Ranch Corp.Supreme Court of Colorado · 1998
- Crowe v. TullSupreme Court of Colorado · 2006
- Hoery v. United StatesSupreme Court of Colorado · 2003
- Miller v. Carnation CompanyColorado Court of Appeals · 1973
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3Cited by12 opinions
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- Rickel v. KomaromiConnecticut Appellate Court · 2013
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- Corder v. FoldsColorado Court of Appeals · 2012
- Betterview Investments, LLC v. Public Service Co. of ColoradoColorado Court of Appeals · 2008
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