City of Fort Collins v. Brown Farm Joint Venture

Opinion by

Judge PLANK.

In this action premised on a claim of breach of contract, defendants, Brown Farm Joint Venture, John R.P. Wheeler, and Robert Martin, appeal the summary judgment entered against them and in favor of the City of Fort Collins. We affirm the judgment.

The issue is presented upon agreed facts. Wheeler Realty Company as owner applied to the City for approval of a plan to develop certain property known as Brown Farm Sixth and Seventh Filings (the Farm). The plan was approved, and Wheeler Realty and the City entered into a residential subdivision agreement in 1979.

The agreement…