Adams v. Land Services, Inc.

194 P.3d 429 (2008)

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Adams v. Land Services, Inc.

Colorado Court of Appeals
194 P.3d 429 (2008)

RW

Facts

Brighton Farms, LLP (partnership) (plaintiff) retained the LLP designation in its name even after it lost its status as a limited-liability partnership and became a general partnership. The partners designated five managing partners to conduct the partnership’s business. Acting in good faith and after giving due consideration to the objections of Lief Adams and other dissenting partners (dissenters) (plaintiffs), the managing partners contracted in the partnership’s name with Land Services, Inc. (defendant). The dissenters sued Land Services on multiple counts. The trial court ruled that the minority partners lacked standing to sue derivatively in the name of the partnership, on behalf of the partnership, or individually as co-owners and agents of the partnership. The minority partners appealed the trial court’s summary judgment for Land Services to the Colorado Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Vogt, J.)

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