Legal Opinion

Auxier v. McDonald

Colorado Court of Appeals

Decided April 23, 2015No. Court of Appeals No. 14CA0696PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

JUDGE NAVARRO

¶ 1 In this ease, we consider whether C.R.C.P. 106(b) permits a party to bring a claim under C.R.C.P. 106(a)(d) after the limitations period for such a claim has expired so long as that paz-ty sought other relief under C.R.C.P. 106(a) within the limitations period. We hold that C.R.C. P. 106(b) does not perm1t a party to do o.

¶2 Plaintiff, Jeff Auxier, appeals the district court's judgment entered after dismissal of two claims in his amended complaint. He contends that the court erred by dismissing his C.R.C.P. 106(a)(4) claim against the City .of Salida Planning…

2Cases cited15 opinions

  1. Mission Denver Co. v. PiersonSupreme Court of Colorado · 1984
  2. Danielson v. Zoning Board of Adjustment of Commerce CitySupreme Court of Colorado · 1990
  3. Tulips Investments, LLC v. State of Colorado ex rel.Suthers, Colorado Attorney GeneralSupreme Court of Colorado · 2015
  4. Command Communications, Inc. v. Fritz CompaniesColorado Court of Appeals · 2001
  5. Westlund v. CarterSupreme Court of Colorado · 1977

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3Cited by7 opinions

  1. Marshall P. BROWN, in his official capacity as Director of Water of the City of Aurora, Colorado v. WALKER COMMERCIAL, INC., a Colorado corporationSupreme Court of Colorado · 2022
  2. Al-Hamim v. Star Hearthstone, LLCColorado Court of Appeals · 2024
  3. v. IresonColorado Court of Appeals · 2020
  4. Development Recovery Co., LLC v. Public Service Company of ColoradoColorado Court of Appeals · 2017
  5. Save Cheyenne v. The City of Colorado SpringsColorado Court of Appeals · 2018

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