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Legal Opinion

sh Foundation, Katherine Tudor, and Donald Herbert Goede, III v. City of Colorado Springs

Supreme Court of Colorado

Decided February 5, 2018No. 15SC627, SmokebruPublishedCited by 11 opinions

1Opinion of the Court

JUSTICE GABRIEL delivered the Opinion of the Court.

¶1 Petitioners Smokebrush Foundation, Katherine Tudor, and Donald Herbert Goede, III (collectively, "Smokebrush") own property on which the non-profit foundation operates a wellness center in the City of Colorado Springs. Smokebrush sued the City, contending that Smokebrush's property had been contaminated by pollutants from an adjacent property owned by the City. Specifically, Smokebrush asserted a number of tort claims for injuries from airborne asbestos released during demolition activities in 2013 and from the subsurface migration of coal…

2Cases cited18 opinions

  1. Trinity Broadcasting of Denver, Inc. v. City of WestminsterSupreme Court of Colorado · 1993
  2. Bertrand v. Board of County Commissioners of Park CountySupreme Court of Colorado · 1994
  3. Springer v. City & County of DenverSupreme Court of Colorado · 2000
  4. Ficarra v. Department of Regulatory Agencies, Division of InsuranceSupreme Court of Colorado · 1993
  5. City of Colorado Springs v. PowellSupreme Court of Colorado · 2007

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3Cited by11 opinions

  1. Elder v. WilliamsSupreme Court of Colorado · 2020
  2. City & Cty. of Denver v. Dennis ex. rel. HeyboerSupreme Court of Colorado · 2018
  3. ck v. McNabbColorado Court of Appeals · 2020
  4. Jefferson County, Colorado v. Krista Dozier.Supreme Court of Colorado · 2025
  5. v. ElderColorado Court of Appeals · 2020

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