United States Disposal Systems Inc. v. City of Northglenn

I respectfully dissent. The precise issue before this court is the propriety of the entry of summary judgment in favor of the defendant City of Northglenn. The key predicate for entry of a summary judgment is that no material issue of fact remains to be resolved by the trier of fact and that the movant is entitled to judgment in his favor as a matter of law. The majority opinion purports to resolve this question by "resolving all factual contentions of the plaintiffs in their favor." Examination of the plaintiffs factual contentions and the underlying substantive issues in this case reveal, however, that summary judgment was clearly improper on the record in this case.