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SIMON v. PETTIT

No. 82SC235.

687 P.2d 1299 (1984)

Joshua SIMON and Jeremy Simon by their next friend Karin Simon individually, Petitioners, v. James R. PETTIT and Robert O. Soleway, Respondents.

Supreme Court of Colorado, En Banc.

September 10, 1984.

Attorney(s) appearing for the Case

Peter Alan Shelley, Peter N. Simon, Boulder, for petitioners.

White & Steele, P.C., Denver, and John E. Clough, Santa Monica, Cal., for respondents.

ROVIRA, Justice.

We granted certiorari to review the decision of the court of appeals in Simon v. Pettit, 651 P.2d 418 (Colo.App.1982), reversing a ruling by the trial court that two footpaths across private property in Boulder had become public highways by prescription.1 The court of appeals held that footpaths are included within the definitions of "road" and "highway" but that the public did...

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