Tuscany, LLC v. Western States Excavating Pipe & Boring, LLC (2005)
Decided: August 11, 2005, Nos. 03CA0999/03CA1852. Opinion: Webb, J.; Rothenberg and Vogt concurred.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/p3d/128/cases/0274-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
Relevant holding and limits
Part IV concerns property sold at a sheriff’s execution sale on an unstayed attorney-fee judgment later reversed. On good-faith creditor, proper-sale and bona-fide-purchaser premises, restitution was the creditor’s received proceeds plus statutory interest, not the property’s market value.
Parts I–III concern real-property mechanics’ liens and the spurious-lien procedure. They do not decide article 20 chattel-lien foreclosure. The opinion does not identify the executed property’s asset type; it is not labeled here as a proven equipment auction or universal purchaser-title immunity.
Verification and later treatment
Full opinion read October 17, 2026. The October 17 review reported that Zeke Coffee, Inc. v. Pappas-Alstad Partnership, 2015 COA 104, applied its restitution rationale in an eviction dispute; that opinion was not re-retrieved in this review (its cases.justia.com PDF refuses automated access), so it is not relied on; good_law_status: needs_verification.
Bounded final review (2026-10-18)
Full opinion re-read 2026-10-18 from the Caselaw Access Project (unofficial, verbatim); law.justia.com refused automated access that day. The page-281 pinpoint used earlier is not verifiable from that copy and is removed. Comprehensive later treatment remains needs_verification. The Caselaw Access Project copy was saved before the site’s robots.txt (which disallows all automated access) came to this review’s attention; it is kept as evidence only and no further automated requests were made to static.case.law.
Applies in →
colorado · court-ordered-administrative-and-creditor-sales
Legal information, not legal advice. Verify current procedure, facts and case history before relying on this historical decision.