Wilcox v. Clark

Opinion by

Judge ROY.

In this forcible entry and detainer action (FED action) brought pursuant to § 183-40-101, et seq., C.R.S.2001, plaintiff, John Wilcox (landlord), appeals the trial court's denial of his request for attorney fees. We reverse and remand with directions.

In 1978, defendant, CM. Clark (tenant), constructed a house and a detached garage incorporating a small apartment on a single-family residential lot in Aspen. The City of Aspen issued a building permit for the garage, but the permit did not authorize the construction of the apartment.

In 1982, tenant sold the property but…