Dejean v. Grosz

Full title: FELIX A. DEJEAN, III, AND CAROLYNE DEJEAN, Plaintiff, v. COLLEN A. GROSZ…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Oct 30, 2014

Civil Action No. 13-cv-2381-BNB-MJW (D. Colo. Oct. 30, 2014)

Opinion

Civil Action No. 13-cv-2381-BNB-MJW

10-30-2014

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.

FOR THE COURT: JEFFREY P. COLWELL, CLERK

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