Court proposes to overturn trash suit ruling

“A defendant will be equitably stopped from asserting a statute of limitations defense when its conduct prevented the plaintiff from realizing that its cause of action had accrued”

The state Court of Appeals is proposing to revive a lawsuit brought by the Village of Angel Fire against Colfax County, seeking to force the county to pay what the village believes is owed it under a trash-collection service contract the two governments signed seven years ago.

The appellate court's proposed ruling, filed Feb. 14, if made final, would send the case back to District Court, where the village could again pursue the payment of what would currently be $150,000 it claims the county owes it. Read more