Upper Platte & Beaver Canal Co. v. Riverview Commons General Improvement District

Opinion by

Judge WEBB.

This dispute over interference with an easement juxtaposes the property rights of plaintiff, Upper Platte and Beaver Canal Company (Company), which holds the dominant estate, and the immunity from tort liability under the Colorado Governmental Immunity Act, §§ 24-10-101 to ~120, C.R.S. 2009 (CGIA), of defendants, Riverview Commons General Improvement District and the City of Fort Morgan (collectively, City)1, *713which own the servient estate. We agree with the trial court that the CGIA does not bar the Company's claims for declaratory, injunctive, and restorative relief…