BOARD OF COM'RS, BOULDER COUNTY v. Eason

Judge RULAND

concurring in part and dissenting in part.

I concur with the result reached by the majority in Part I of the opinion. However, I conclude that defendant’s claim for attorney fees under § 1983 and § 1988, 42 U.S.C. was asserted in full compliance with applicable rules. Therefore, defendant is not precluded from an award of fees for the defense of the appeal in Board of County Commissioners v. Eason, (Colo.App. No. 95CA2207, May 15, 1997)(not selected for official publication){Eason I), and thus I respectfully dissent from the result reached in Part II of the opinion.

C.R.C.P. 57(h)…