Vail/Arrowhead Inc. V. District Court For Fifth Judicial District

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. Moore & Associates Realty, Inc. (collectively, "Moore"), to reassert a claim for specific performance of property after Moore filed a disclaimer of any interest in the property under C.R.C.P. 105(f)(3). We issued a rule to show cause why the relief requested should not be granted. We hold that a disclaimer filed pursuant to C.R.C.P. 105(f)(3) operates to bar all claims to interests in property pursuant to the terms of the disclaimer. Moore's claim against Vail is barred unless Moore executed the disclaimer under duress, which is an issue that must be resolved by the district court under the standards articulated in this opinion. Accordingly, we make the rule absolute in part and discharge the rule in part.