Posted on 05/05/2008 12:05:06 PM PDT by george76
Richard McLean and Edith Stevens did not fabricate evidence or lie to win their controversial land case against neighbors Don and Susie Kirlin, District Judge James C. Klein ruled today.
Kleins order essentially upholds his decision last fall to award about 34 percent of one of the Kirlins vacant lots to McLean and Stevens after they sued for it using the squatters-rights law of adverse possession.
The Kirlins had filed paperwork earlier this year alleging that McLean, a former district court judge, and Stevens, an attorney, faked evidence of a dirt path across the Kirlins property and lied about using it for more than two decades.
The couple argued that Klein should overturn the original trial decision after providing a package of new evidence that included eyewitness testimony and a series of aerial photos of the disputed property.
Klein, however, disagreed.
(Excerpt) Read more at dailycamera.com ...
Nice that James C. Klein did not recuse himself.
/s
.
It looks like it reads “Mclean Stevens”.
I’m just going to pretend that I didn’t read this.
Dear God, my blood pressure.
You own a lot or two in some place for investment, but you never check on it because it's just a lot.
Then you find out Homeless Joe has lived there for a year and now some liberal lawyer has sued you to turn over the lot to him?
James C. Klein has a November election ?
Adverse possession as a common law concept is hundreds of years old.
Dang, ya beat me to it.
Yeah...I thought someone was suing Colonel Blake.
So what are these to scumbags going to do.
Do they have some sort of Bivwack or shanty built there, or are they living in a cardboard box?
Going to make for some mighty rough nights with the neighbors
I don’t see how a dirt path can be considered open and notorious evidence of adverse possession pursuant to a claim of right. Do they have any sense of justice in Colorado?
Yup.
Richard McLean and Edith Stevens have po’ed their immediate neighbors, their HOA, the Boulder community...and now the world.
Klein was just helping out his friend ?
There will be more appeals and this has already resulted in one state law change...hopefully more this November.
The article did not mention that McLean and Stevens are big time DemocRAT party activists. I think McLean is a former Boulder County Democrat Party chairman.
Professional courtesy
I don’t think the facts are enough under the law to get him where he wants to go. In order to have adverse possession, you’ve got to be in possession pursuant to a “claim of right.” In other words, it’s not enough merely to have possession. You’ve got to think that you own the property. I would like to know what evidence they had that they thought they owned the property. And did they pay the taxes on it? Because if they thought they owned the property, you’d think they’d pay the taxes on it.
McLean was the Boulder Mayor, a RTD Board member...
He used this land grab trick with the RTD too.
Is there any reason this article should be of general interest to a national conservative politics message board?
Don and Susie Kirlin paid the taxes, the HOA dues, and everything else.
The thieves just liked the views and the ‘free’ open space .
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