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SIMON BY SIMON v. PETTIT

No. 79CA0883.

651 P.2d 418 (1982)

Joshua SIMON and Jeremy Simon, by their next friend, Karin SIMON, individually, Plaintiffs-Appellants and Cross-Appellees, v. James R. PETTIT and Robert O. Soleway, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 20, 1982.

Certiorari Granted September 20, 1982.

Attorney(s) appearing for the Case

Peter Alan Shelley, Peter N. Simon, Boulder, for plaintiffs-appellants and cross-appellees.

White & Steele, P. C., John E. Clough, Denver, for defendants-appellees and cross-appellants.

SILVERSTEIN,* Judge.

Defendants are the owners of a tract of land in the City of Boulder, Colorado. Plaintiffs brought this action seeking a declaratory judgment that two footpaths crossing defendants' land are highways pursuant to § 43-2-201(1)(c) C.R.S.1973. Plaintiffs also sought an injunction to prevent defendants from building a multi-family dwelling on the premises. The trial court entered a judgment declaring the footpaths...

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