Smokebrush Foundation, Katherine Tudor, and Donald Herbert Goede, Iii, Petitioners v. City of Colorado Springs…

Summary

The court held that the City retained governmental immunity for claims arising from asbestos released during the complete demolition of public buildings because demolition was neither construction nor maintenance under the applicable statutory exception. It held, however, that immunity was waived for claims arising from coal-tar contamination because the historical coal-gasification plant was a public gas facility and the continuing migration of contaminants constituted injury resulting from its operation. The court therefore affirmed in part, reversed in part, and remanded for dismissal of the asbestos claims and further proceedings on the coal-tar claims.