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Judge: McLean, Stevens didn't fabricate evidence in land case
daily camera ^ | May 5, 2008 | Heath Urie

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.

Klein’s 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 squatter’s-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 ...


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: Colorado
KEYWORDS: adversepossession; jamescklein; jamesklein; klein; landgrab; mclean; propertyrights; richardmclean
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it helps being a former judge in the same district court house ?

Nice that James C. Klein did not recuse himself.

/s

.

1 posted on 05/05/2008 12:05:06 PM PDT by george76
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To: george76

It looks like it reads “Mclean Stevens”.


2 posted on 05/05/2008 12:10:09 PM PDT by Perdogg (Four years of Carter gave us 29 years of Iran; What will Hilabama give us?)
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To: george76

I’m just going to pretend that I didn’t read this.

Dear God, my blood pressure.


3 posted on 05/05/2008 12:13:13 PM PDT by dr.zaeus
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To: george76
So, what does that mean?

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?

4 posted on 05/05/2008 12:14:03 PM PDT by TexasCajun
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To: george76


I didn't do it!

5 posted on 05/05/2008 12:14:48 PM PDT by Petronski (When there's no more room in hell, the dead will walk the earth, voting for Hillary.)
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To: Morgan in Denver; MtnClimber; joanie-f; Jeff Head; pray4liberty; beaversmom; editor-surveyor; ...

James C. Klein has a November election ?


6 posted on 05/05/2008 12:15:35 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: TexasCajun

Adverse possession as a common law concept is hundreds of years old.


7 posted on 05/05/2008 12:15:59 PM PDT by Petronski (When there's no more room in hell, the dead will walk the earth, voting for Hillary.)
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To: Petronski

Dang, ya beat me to it.


8 posted on 05/05/2008 12:16:38 PM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: Perdogg

Yeah...I thought someone was suing Colonel Blake.


9 posted on 05/05/2008 12:16:44 PM PDT by pgkdan (Tolerance is the virtue of the man without convictions - G.K. Chesterton)
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To: Perdogg

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


10 posted on 05/05/2008 12:16:45 PM PDT by Ouderkirk (Hillary = Senator Incitatus, Clintigula's whore...er, horse.)
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To: george76

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?


11 posted on 05/05/2008 12:16:55 PM PDT by Brilliant
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To: TexasCajun

Yup.

Richard McLean and Edith Stevens have po’ed their immediate neighbors, their HOA, the Boulder community...and now the world.


12 posted on 05/05/2008 12:18:24 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: Brilliant

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.


13 posted on 05/05/2008 12:21:07 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

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.


14 posted on 05/05/2008 12:26:06 PM PDT by MtnClimber (Obama pledges to give every typical small town white family a possum sandwich)
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To: Brad from Tennessee; Gondring

Professional courtesy


15 posted on 05/05/2008 12:26:39 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

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.


16 posted on 05/05/2008 12:31:58 PM PDT by Brilliant
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To: MtnClimber

McLean was the Boulder Mayor, a RTD Board member...

He used this land grab trick with the RTD too.


17 posted on 05/05/2008 12:32:59 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Is there any reason this article should be of general interest to a national conservative politics message board?


18 posted on 05/05/2008 12:35:49 PM PDT by babble-on
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To: Brilliant

Don and Susie Kirlin paid the taxes, the HOA dues, and everything else.

The thieves just liked the views and the ‘free’ open space .


19 posted on 05/05/2008 12:39:51 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: babble-on; Carry_Okie

http://www.freerepublic.com/tag/landgrab/index


20 posted on 05/05/2008 12:42:12 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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