Argus Real Estate, Inc. v. E-470 Public Highway Authority

The majority holds that section 15 — 11— 1106(2), C.R.S. (2004), does not permit Argus to file a statutory reformation claim in a subsequent judicial proceeding because of the operation of the doctrine of claim preclusion. Because I read the plain language of the statute as creating an exception to that doctrine, I respectfully dissent.

At issue is a 1990 real estate agreement whereby the E-470 Highway Authority (“Authority”) agreed to purchase the outer parcels of Britton’s land. Britton agreed, upon closing, to donate the interior parcel “for the purpose of constructing the Public Highway.”…