Polk v. Hergert Land & Cattle Co.

Opinion by

Judge ROTHENBERG.

Plaintiff, Shirley E. Polk, appeals a summary judgment in favor of defendants, Her-gert Land & Cattle Co. (Hergert Land), Donald Hergert, Dolores Hergert, and Alan Hergert (Hergerts), determining that the statute of limitations had run on Polk's claim seeking judicial dissolution of Hergert Land under § 7-114-301(2)(b), C.R.S.1999. We reverse and remand for further proceedings.

I

Hergert Land is a closely held family corporation engaged in the business of agriculture. The Hergerts are the majority shareholders, directors, and officers of Hergert Land, and work the…