BERRY PATCH, INC. v. LAWRENCE

No. 74-370.

536 P.2d 830 (1975)

The BERRY PATCH, INC., Plaintiff-Appellee, v. Robert LAWRENCE, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 29, 1975.

Certiorari Denied July 7, 1975.


Attorney(s) appearing for the Case

Maurice R. Franks, Silver Cliff, for plaintiff-appellee.

Ross & Frederick, Michael J. Frederick, Colorado Springs, for defendant-appellant.


Not Selected for Official Publication.

COYTE, Judge.

Plaintiff filed suit against defendant requesting a declaratory judgment declaring that plaintiff has a perpetual easement to use the road traversing defendant's land and that defendant be enjoined from interfering with access of plaintiff's employees and stockholders to the road. In his answer, defendant admitted that he had locked certain gates across the road, denied the allegations of plaintiff's complaint...

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