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ENKE v. CITY OF GREELEY

No. 71-441.

504 P.2d 1112 (1972)

Louis D. ENKE and Kathryn A. Enke, Plaintiffs-Appellants, v. The CITY OF GREELEY, Colorado, et al., Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 25, 1972.

Certiorari Denied January 22, 1973.

Attorney(s) appearing for the Case

Ramond P. Mecherle, Ronald H. Strahle, Fort Collins, for plaintiffs-appellants.

William E. Bohlender, Greeley, for defendants-appellees.

Selected for Official Publication.

SMITH, Judge.

The City of Greeley, in 1953, installed a twenty inch domestic water line across the property of R. G. Spitzer. Although no written grant of an easement or right-of-way was executed in favor of the City, Mr. Spitzer acquiesced in the construction of the underground water line across his farm. On March 10, 1960, Mr. Spitzer conveyed the property to the plaintiffs, Louis D. and Kathryn A. Enke. The Enkes filed...

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