Keyword: kirlin
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Kirlins say they will only have to cede 15 percent of south Boulder lot. Two Boulder neighbors have settled an adverse-possession case that made national headlines last year and prompted changes to the state's law, according to a joint statement released Tuesday. Don and Susie Kirlin, who originally lost 34 percent of one of their vacant south Boulder lots to their neighbors Richard McLean and Edith Stevens, said they had settled a lawsuit and will only cede 15 percent of the lot. "This settlement allows the parties to put this longstanding and difficult dispute behind them," the couples wrote in...
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Exactly as some legal experts predicted, Boulder's courts saw a spike in claims of "adverse possession" filed by people apparently trying to beat the clock on changes to the controversial land law. Of the 25 active adverse-possession lawsuits in Boulder County -- where a person or company claims someone else's land after trespassing on it for at least 18 years -- 15 of those cases were filed in June Some of those cases were filed just hours before changes to the law went into effect last Tuesday, court records show. The changes, drafted by a bipartisan group of state legislators...
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Adverse possession law set to change. Beginning July 1, people hoping to use "adverse possession" to take control of another person's land had better be prepared to pay for it... The bill, which garnered wide bipartisan support among state lawmakers, requires that an adverse possessor believe in "good faith" that the land is actually his or her own. It also raises the burden of proof in an adverse-possession case and gives judges the power to make plaintiffs payfor any land they are awarded. Witwer on Friday said the bill is a victory for property owners. "This will make it harder...
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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...
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A Colorado district court judge who awarded part of a million-dollar residential land parcel to a retired judge and his wife under the state's little-used "adverse possession" law will have an opportunity to review his original decision. The Colorado Court of Appeals has agreed to send the controversial case that benefited retired judge Richard McLean and his wife, Edith Stevens, back to Boulder County District Judge James Klein, who made the original decision, according to a report in the Boulder Daily Camera. The couple who lost the property, Don and Susie Kirlin, had asked the appellate court to return the...
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A judge who granted a couple part of their neighbors' property in an adverse-possession lawsuit has denied their request to add on a strip of land 9 inches wide. Richard McLean and Edith Stevens, of Boulder, had asked for the full width of a disputed path on land purchased by their neighbors Don and Susie Kirlin. In October, McLean and Stevens were awarded about a third of the Kirlins' lot, or more than 1,400 square feet... A judge said last week he could only consider evidence presented at trial ...
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Galen Foster's home and business of 23 years is supposed to make way for parking for the Wadsworth Boulevard light-rail station in Lakewood. But what chaps Foster's hide is that there already are conceptual plans showing his property being used not for transit parking, but for a five-story commercial office building. While government's right of condemnation, more politely called eminent domain, has been recognized for centuries, the Regional Transportation District is entering an untested area that includes economic development in its efforts to build the FasTracks West Corridor line. While there is little room to challenge RTD's acquisition of land...
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A war of words continues in a high-profile Boulder land case, with each side accusing the other of lying. In January, Don and Susie Kirlin appealed an October ruling by Boulder County District Court Judge James C. Klein that awarded a third of their million-dollar lot to neighbors Richard McLean and Edith Stevens, based on the squatter's-rights law of "adverse possession." The Kirlins at the same time filed a request with the Colorado Court of Appeals to send the case back to the district court level to hear additional evidence, alleging their neighbors fabricated evidence to win their case. After...
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Don and Susie Kirlin of Boulder, Colordao. How many times have we heard about government abuses of the right to own property going on in neighborhoods across America, in the form of the invoking of the right of ‘eminent domain’, and the corruption of other legal concepts? Kelo vs. New London is probably the most publicized of such unconstitutional atrocities, but similar atrocities occur daily across this country. How many of us have attempted to help the victims of such abuses of power? I myself have done so no more than once or twice. I ask any FReeper who...
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