Neal McConomy

Neal McConomy

Snell & Wilmer

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Successful Laches Defense Becoming Commonplace in Colorado

Boiler plate language in responsive pleadings often includes “Plaintiff’s claims are barred by the doctrine of laches” (or “The doctrine of laches bars Plaintiff’s claims” if you prefer the active voice). However, litigation...more

5/11/2015 - Construction Loans Defense Strategies Laches Real Estate Development Statute of Limitations

Beneath the Surface: Entek GRB, LLC v. Stull Ranches, LLC and the Continuing Battle Between Surface Owners and Subsurface Owners

On August 14, 2014, the Tenth Circuit vacated and remanded the lower court’s decision regarding a dispute between a surface owner’s and a subsurface owner’s respective rights to access and enjoy land and property rights. ...more

1/5/2015 - Easements Mineral Rights Oil & Gas Private Property Rights Property Owners Surface Owner

Governmental Power and Property Lines

On May 27, 2014, the Colorado Supreme Court issued its opinion in Town of Dillon v. Yacht Club Condos. Home Owners Ass’n, 2014 CO 37. Overturning the rulings of both the trial court and the Colorado Court of Appeals, the...more

7/22/2014 - Condominiums Eminent Domain Police Power Takings Utilities Sector

Legal Pot Leads to Possible Nuisance Suits, but Viability is Unlikely

Almost four months into Colorado’s legalization of recreational marijuana for adults aged twenty-one and over, the weather is warming, windows are opening, and outdoor spaces are getting more use. All the while, a segment of...more

4/28/2014 - Marijuana

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