DeJean et al v. Grosz et al

Filing 55

JUDGMENT re: 54 Order on Motion to Dismiss, Order on Motion to Strike, Order on Motion for Summary Judgment, by Clerk on 10/30/2014. (tscha, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-2381-BNB-MJW FELIX A. DEJEAN, III, AND CAROLYNE DEJEAN,, Plaintiff, v. COLLEN A. GROSZ, AS TRUSTEE OF THE DECLARATION OF TRUST FOR BENEFIT OF COLLEEN A. GROSZ, DATED 8/11/1989, TIMOTHY C. RODELL, AN INDIVIDUAL, AND MARJORIE M. RODELL, AN INDIVIDUAL,, Defendant. JUDGMENT In accordance with the orders filed during the pendency of this case, judgment is hereby entered. Pursuant to the Order, docket entry #54 of Magistrate Judge Boyd N. Boland entered on 10/29/2014 it is ORDERED that Judgment shall enter in favor of the DeJeans on their claim for declaratory relief as follows: The rights of the Rodells and Ms. Grosz to enforce the Benedict Single Family Dwelling Restriction with respect to Lot 5 is modified so that the benefit of the restrictive covenant does not preclude the use of Lot 5 for a residential duplex structure. Dated at Denver, Colorado this 30th day of October, 2014. FOR THE COURT: JEFFREY P. COLWELL, CLERK By: s/ T.Schaffer T.Schaffer Deputy Clerk

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