Rinker v. Colina-Lee

Citations

• 2019 COA 45

Syllabus

Easement—Irreparable Harm—Injunctive Relief. Rinker and Colina-Lee are neighbors on Galena Court, an unpaved roadway in the Soldier Canyon Estates subdivision (the subdivision) in Larimer County. The households on Galena Court entered into the Galena Court Property Owners' Association Road Maintenance Agreement (the Agreement), which established the Galena Court Property Owners' Association (the Association) and required the homeowners to pay annual dues to fund the maintenance of Galena Court. Rinker installed a culvert along the front of his driveway to divert runoff from the land above his home. About a decade later, Brewen reshaped a portion of Galena Court uphill from Rinker's property and placed recycled asphalt material on Galena Court. Brewen also increased the grade and altered the contour of Galena Court. These changes caused sediment and asphalt particles to run through the culvert and collect on Rinker's front yard. The Association also changed the shape of the section of Galena Court uphill from Rinker's property, allegedly exacerbating the asphalt deposits on his yard and increasing the difficulty of accessing his property. Rinker complained to the Association. The Association installed a filtration system to protect Rinker's property from the runoff, but neither that nor filters installed by Rinker solved the problem. Rinker then blocked the culvert to protect his property from further damage. This caused road sediment to flow onto, and to erode, Galena Court. Larimer County demanded Rinker unblock the culvert. Rinker sued Larimer County and Brewen. Larimer County moved for injunctive relief and an order requiring Rinker to join all property owners in the subdivision as necessary parties. The district court granted the motion, and Rinker amended his complaint to include claims against all the subdivision property owners, including Colina-Lee. Colina-Lee pleaded, as an affirmative defense, that Rinker had breached the Agreement. Before trial, Larimer C