Successful Court of Appeals Opinion in Real Estate Case With Assistance from Partner Deanne Stodden

Messner Reeves LLP is pleased to announce that Real Estate Partner Deanne Stodden recently assisted in securing an important Colorado real estate opinion from the Colorado Court of Appeals.

On behalf of the Colorado Bar Association Real Estate Section, Ms. Stodden co-authored an amicus brief in Arnold v. Brent (23CA1288), in which the Colorado Court of Appeals considered whether a county treasurer’s office is authorized under section 39-11-115, C.R.S. 2024, to sell a tax lien on a partial interest in real property consisting of distinct, but undivided, interests. Ms. Stodden, along with co-counsel Reagan Larkin of Gordon Rees Scully Mansukhani LLP, argued that the treasurer’s deed was void because the underlying lien that was struck off and sold represented only a portion of the entire parcel in contravention of Colorado’s property tax laws, which require that a tax lien be sold for “an entire piece of property.”

The Court of Appeals agreed, finding that a treasurer’s deed on a portion of a parcel and without notice to all interest holders, is void. Ms. Stodden said that she is “very satisfied” with the court’s opinion, and found it to be “in line with real property laws concerning separate but undivided interests in real estate and Colorado’s specific laws regarding tax lien sales.”

A member of the Denver Real Estate team, Ms. Stodden focuses her practice on all areas of real estate law, business law, banking law, and creditor’s rights. Among her many awards and recognitions, Ms. Stodden is a recognized Fellow of the American College of Real Estate Lawyers (ACREL) and was recognized by US News & World Report Best Lawyers in America for 2023, 2024 and 2025.

Read the full opinion here.