South Creek Associates v. Bixby & Associates Inc. by Iowa Supreme Court

South Creek Associates v. Bixby & Associates Inc.

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South Creek Associates (South Creek), a general partnership which owns a shopping center in Boulder, Colorado, filed a quiet title action in Boulder County District Court seeking a judgment that Bixby & Associates, Inc. (Bixby), an adjoining landowner which is the operator of a private day school, has no right to use South Creeks parking lot. Bixby claims a right to use the parking lot based on the provisions of a planned unit development (PUD) application submitted by McStain Enterprises, Inc. (McStain), the original owner and developer of both parcels involved in the present dispute, and approved by the City of Boulder planning board. South Creek and Bixby filed cross-motions for summary judgment. The district court granted Bixbys motion, denied South Creeks motion, and held that Bixby is entitled to use the South Creek parking lot based on the provisions of the approved PUD plan. South Creek appealed, and a divided panel of the Colorado Court of Appeals affirmed the district courts judgment. South Creek Assoc. v. Bixby & Assoc., Inc., 753 P.2d 785 (Colo. App. 1987). We granted certiorari, and we now affirm the judgment of the court of appeals.

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