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eBook details

• Title: Crystal Lakes Water And Sewer Association V. Backlund
• Author : Colorado Supreme Court
• Release Date : January 08, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

This case requires us to determine whether any of the five claims for relief set out in the complaint filed by Crystal Lakes Water and Sewer Association (the Association)  are within the jurisdiction of the District Court for Water Division 1 (water court).*fn1 The Association appeals an order of dismissal, in which the water court dismissed all five claims for relief based on the Conclusion that they did not involve "water matters" and therefore were not within the court's subject matter jurisdiction under section 37-92-203(1), 15 C.R.S. (1990). We hold that the first two claims, which sought a declaratory judgment that certain defendant lot-owners are bound by the terms of a water court decree approving plans for augmentation, are "water matters" under section 37-92-203(1), and thus fall within the exclusive jurisdiction of the water court. We further hold that the water court has jurisdiction to resolve the other three claims, which involve the imposition and enforcement of assessments levied by the Association, as ancillary to the first two claims for relief. Therefore, we reverse the judgment of the water court and remand this case for further proceedings.

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