[joanie-f]

We have owned this property for 23 years, during which we lived in our home two blocks away, and have walked by our property at least once a week, all of those years. These people were not "open and notorious" at all. One of the HOA board members and a 20-plus year resident just a few doors down from the property, along with our HOA management company, testified that there were no signs that anyone was using our property! One of plaintiffs' own witnesses even testified that our lot looked like a vacant lot as if no one was doing much with it. That's because we kept it in a natural state, so that it looked like the adjacent city open space.

A year ago, we decided to construct a fence, in accordance with our HOA guidelines, as we had been warned by another neighbor that former judge Richard McLean and Edie Stevens, another lawyer, were planning to file this "adverse possession" claim (a land-grabbing technique). It was shortly after that time that paths started to appear on our property. McLean and Stevens were unable to provide any photographs of any paths existing prior to one year ago, even though they claimed these paths were obvious for more than 18 years.

Prior to trial, we tried to accommodate their requests for access to the rear of their house from the western side (though they already had access). We offered to build steps, and were even willing to offer them a small portion of our land to facilitate their needs. They declined all of this. Their objective appeared to be to take away a large portion (34 percent) of our lot, so as to render it un-build able, unusable and worthless on the open market, which is what they accomplished with Judge Klein's assistance.

Since 1984, we have paid taxes, homeowners' dues, complied with our HOA requests for fence maintenance, and city of Boulder requests for weed control. We walked by at least once a week and never saw any indication that the neighbors were using it, much less making a hostile claim to our property. How would you feel, if under these circumstances, someone took your property?

Is it right, moral or ethical that a Boulder judge award a former Boulder judge our property, when in fact they had no photographs or proof of the alleged paths for the past 18 years? In Judge Klein's order, he states "Plaintiffs' attachment to the land is stronger than the true owners' attachment." Oh really? We don't think so!

DON and SUSIE KIRLIN

LandGrabber.org

[george76]

This is what I am hearing too :

” McLean and Stevens were unable to provide any photographs of any paths existing prior to one year ago, even though they claimed these paths were obvious for more than 18 years.”

[SatinDoll]

It sounds like you got sandbagged. Lawsuit is the only way to go. You will probably have to take it to the state level and yes, it will be expensive but it’s your land - fight for it!

These people are criminals, plain and simple.

[george76]

Claire Levy - still not getting it

When asked what her reaction was to Stevens’ resignation, Levy said, “It’s best that we all just move on and attend to the business we have.”

This may actually be the most damaging outcome for Claire because it lets her think this is behind her while she still has not spoken to the issue. And her ending request to move on once again comes across as arrogant and unwilling to speak to the issue at hand.

Again, we will have to see how the next few weeks play out.

Will Claire finally make a statement about her opinion of the land grab?

Will this story stay front and center for awhile? Will a credible opponent run against Claire in the election?

But as of now I think her seat remains very much in play in the upcoming election. And if the Republicans nominate a strong candidate (hint - Bob Greenlee), then it’s a real race.

http://www.davidthielen.info/politics/2007/11/claire-levy-—s.html