Johnson v. City of Wheat Ridge
Court of Appeals of Colorado
532 P.2d 985 (1975)
Judge Samuel Johnson deeded a parcel of land to the Wheat Ridge Lions Foundation, and a second parcel to Jefferson County, Colorado. The deeds for both parcels provided that they were to be used for public park purposes and improved with drinking water, access roads, and bathroom facilities within a specified time period after conveyance. When the city of Wheat Ridge (defendant) was incorporated, both parcels were conveyed to the city with the consent of Judge Johnson, subject to the original deed conditions. One of the parcels was improved according to the deed conditions, but water and bathroom facilities were never installed on the second parcel. Paul Johnson (plaintiff), in his capacity as executor of Judge Johnson’s estate, brought a quiet title action seeking to retake possession of the parcels on the grounds of failure to fulfill conditions subsequent or, in the alternative, on the grounds that Judge Johnson made the original conveyances subject to undue influence. The district court concluded that one of the deed conditions had not been met, but that Johnson’s quiet title action was barred by Colorado’s statute of limitations on actions affecting real property. In addition, the district court found that the evidence failed to establish undue influence, and that Johnson’s action was barred by the doctrine of laches. The district court ruled in favor of the city of Wheat Ridge. Johnson appealed.
Rule of Law
Holding and Reasoning (Enoch, J.)
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