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WESTLAND NURSING HOME, INC. v. BENSON

No. 73-061.

517 P.2d 862 (1974)

WESTLAND NURSING HOME, INC., a Colorado corporation, and Tor Development Co., a Colorado corporation, Plaintiffs-Appellees, v. Harold E. BENSON and Joan Ruth Benson, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

January 2, 1974.

Attorney(s) appearing for the Case

Philip A. Rouse, Joseph Berenbaum, Denver, for plaintiffs-appellees.

Thomas J. Zavislan, Lakewood, for defendants-appellants.

Selected for Official Publication.

COYTE, Judge.

Plaintiff Westland Nursing Home, Inc., (Westland) filed a complaint alleging that it is the owner of an easement for the purposes of ingress and egress along the northern boundary of defendants' property and seeking to enjoin defendants from interfering with its use of the easement. Defendants answered, denying the existence of an easement and alleging, by way of counterclaim, that plaintiff had forfeited the...

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