Apr 2, 2008 7:36 pm US/Mountain
Boulder 'Land Grab' Case Sent Back To Trial Court
BOULDER, Colo. (CBS4) ―
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Richard McLean and Edith Stevens (file)
CBS4
The debate over a tiny piece of land in Boulder that's pitted neighbor against neighbor is headed back to court.
The argument stems from a little known law that allowed one couple to take possession of a piece of their neighbor's land. But now an appeals court has sent the case back to a trial court after one side has accused the other of fraud.
When Richard McLean and his wife, Edith Stevens, claimed a chunk of their neighbors Don and Susie Kirlins' land as their own, the used a doctrine called Adverse Possession. It allows neighboring land owners to claim ownership of property they've openly used as their own for 18 or more consecutive years.
"There are plenty of things on the property that are open and obvious," McLean said. "I don't know how the Kirlins missed this."
Part of the evidence McLean used to bolster his case was a footpath the couple claimed they had worn into the ground over many years. But the Kirlins insist a fraud was perpetrated on the court. They claim the footpath was manufactured in order to make their legal claim.
"We have really strong evidence that this path was manufactured after they brought suit against us," Susie Kirlin said. "We have ground shots, aerials shots (and) people who have come forward since this trial. We have neighbors who saw Edie out making the path at night."
"I absolutely deny any of that," McLean said. "This has been a route that we've used forever and whether it's a trail or not isn't the point. It was a route."
The appellate court found the new evidence compelling enough to send the issue back down to the trial court. The same judge that gave the land to McLean and Stevens will now have to reconsider the issue in light of what the Kirlins say is new evidence.
"We're really excited that they decided to send it back to Boulder for Judge Klein to look at our evidence," Susie Kirlin said.
The Kirlins said if they lose again at the trial level, they will continue the appeals process if they need to.
The case prompted the Colorado legislature to craft new laws aimed at preventing this kind of land grab from happening again.
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