Estate of Christensen v. Vail Mountain, 24CA0445

Kail A. Christensen sold his interest in a Vail condominium project, retaining rights to use four parking spaces and three storage lockers under a separate "Parking License Agreement."
The agreement described the right as a "license," but stated it was "perpetual and irrevocable," and included language addressing successors and assigns.
Upon Christensen's death, his Estate sought a declaratory judgment that this right passed to his heirs, as indicated by his will.
Defendants (various entities connected to the condominium) argued the right was a personal license that expired with Christensen's death.
The district court granted summary judgment to defendants, ruling the agreement unambiguously provided only a personal license.
The Estate appealed; the Court of Appeals found the agreement ambiguous and reversed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the Parking License Agreement create a license or a servitude/easement?	The agreement created a servitude that passes to heirs.	The agreement creates only a personal license that expires at death.	The agreement is ambiguous; intent must be determined with extrinsic evidence.
Was the summary judgment order final and appealable?	Final judgment was entered only after application to all parties.	No, the appeal was untimely because it was over 49 days from initial summary judgment.	The final, appealable judgment was only after all rights of all parties were determined.
Are the Estate’s appellate arguments properly before the court?	Yes; all positions were raised below or addressed by the trial court.	No, the Estate argued a different theory on appeal than pleaded.	The arguments are properly before the court.
Did the district court err in granting summary judgment to defendants?	Yes, because the agreement is susceptible to multiple interpretations.	No, because the contract is unambiguous.	Yes, summary judgment was improper due to ambiguity.

In re Tonko, 154 P.3d 397 (Colo. 2007) (recognizing that an irrevocable license may actually create a servitude/easement)
City of Steamboat Springs v. Johnson, 252 P.3d 1142 (Colo. App. 2010) (defining servitudes running with the land)
Roaring Fork Club, LLC v. Pitkin Cnty. Bd. of Equalization, 2013 COA 167 (Colo. App. 2013) (discussing distinction between licenses and property interests)