Supreme Court of Colorado February 23, 1998, 97SA188 (Vail/Arrowhead, Inc. v. District Court for the Fifth Judicial District, Eagle County)

Justice BENDER

delivered the Opinion of the Court.

The petitioner, Vail/Arrowhead, Inc. (“Vail”), brought this original proceeding under C.A.R. 21 seeking relief in the nature of mandamus from an order issued by the Eagle County District Court (“the district court”) denying Vail’s motion for summary judgment and permitting the plaintiff in the proceedings below, James H. Moore and James H.