This photo taken one day after Richard McLean and Edith Stevens filed a lawsuit seeking a portion of the Kirlins' lot in October 2006 shows no visible path on the lot, according to the Kirlins.
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Posted on 04/16/2008 12:23:28 PM PDT by george76
A Boulder County District Court judge charged with revisiting a controversial land dispute should not consider "outrageous" claims that Richard McLean and Edith Stevens lied to win their case, according to the couple's attorney.
In court documents submitted Tuesday, Boulder attorney Kim Hult responded pointedly to accusations made by Don and Susie Kirlin that their neighbors fabricated a path across their Hardscrabble Drive vacant lot.
The thin dirt trail, which has come to be known as "Edie's Path," was a critical piece of evidence that in part led Judge James C. Klein last fall to award about a third of one of the Kirlins' lots to McLean and Stevens under the longtime legal concept of "adverse possession."
The path, McLean and Stevens successfully argued at trial, represented more than the 18 years ofcontinuous use required by state law in order to assert the squatter's-rights law.
However, the Colorado Court of Appeals earlier this month granted a request by the Kirlins to send the case back to Klein based on "new evidence" that, they say, indicates the path was faked.
The Kirlins are asking Klein to overturn his trial court decision based on aerial and ground photographs of the disputed property and sworn affidavits of neighbors who say the path was a recent creation -- not the result of longtime use.
(Excerpt) Read more at rockymountainnews.com ...
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This photo taken one day after Richard McLean and Edith Stevens filed a lawsuit seeking a portion of the Kirlins' lot in October 2006 shows no visible path on the lot, according to the Kirlins.
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This case makes me sick.
Those comments speak volumns about this case.
Whether the law says it’s legal for McLean and Stevens to take that property or not it’s clear that many people feel they’re down right crooks with judge Klein thrown in there with them.
It looks like legalized theivery to me.
The judge should have, and maybe will later, ask how about BEFORE? These people, and those who support them, are slimeballs of the first order.
The judge should have, and maybe will later, ask how about BEFORE? These people, and those who support them, are slimeballs of the first order.
From the comments you would think Boulder is conservative. Wonder how many are for taxing the rich more and so on...
“First, we kill all the lawyers.”
Bill Shakespeare
What should be done, folks, if someone else’s kid frequently beats your kid up? What should you do, if someone with a stay “out of jail free card” has been threatening your kids’ lives and trying to carry such a threat out?
Some counties on the Range are filthy, george76. It’s not only Boulder. There are officious real estate thieves and meth lab protectors all through the system.
All 3 are Democrats.
Edith - “it’s my land!”
Hillary - “We’re going to take things away from you for the common good”
Obama - “We’re going to seize these profits made by the evil oil companies”
Judge Klein should recuse himself.
In Texas the "public" may take your property in only six or seven years.
For those who don't know, this small west Texas town built a street across my lot a couple of summers ago while I was away one weekend. They did this without my permission or a "right-of-way." By Monday, the public was already using the street. A strategically placed 40' railroad tie and a meeting with the City Manager stopped what was essentially a land-grab by the City government.
The part that I love is how the “18+ years of continuous use” path takes a bend around a young tree.
Apparently, neighbors saw her out one night recently stomping this new trail.
Yes...I posted the affidavit a while back.
This former mayor / judge / RTA Board member now even has Boudler liberals mad at him and wife.
We’ve known from the first post on this that there was no path. Numerous generations of photogrammetry prove that.
Throw the three of them in the slammer!
In Illinois there was an underemployed lawyer who took advantage of an obscure law. He sent letters to people who had been arrested on minor charges of soliciting, demanding $1500 bucks or he would sue them as under the vague law he as a citizen had sustained injury. Some paid up.
I never heard anything after that, maybe he was quieted by another law, hopefully he threatened the wrong person and got his comeuppance.
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