Betty G. Amos and the Estate of Thomas R. Righetti v. Aspen Alps 12 — Bender, J., Concurring in Part and Dissenting…

Summary

Chief Justice Bender concurs in the majority's resolution of the Rule 120 notification issue but dissents from its conclusion that the bidders' agreement was not unlawful bid rigging. He reasons that the bidders agreed during the auction to stop competing and thereby prevent the price from rising, which constitutes an anticompetitive conspiracy under section 6-4-106(1). Justice Coats, dissenting, would also invalidate the foreclosure sale because the estate was neither identified in the authorization motion nor properly served.