COLLINS v. KETTER

No. 83CA0943.

719 P.2d 731 (1986)

Harold D. COLLINS, Eleanor Collins, Donald Throndson, and Mary Throndson, Plaintiffs-Appellants, v. Victor E. KETTER; Lillian E. Clark; Tony E. Jones; Mary Ann Neal; Walter H. Hogsett; G. Russell Lyons; Mae A. Lyons; Harold A. Daily; V. Ruth Daily; Stanley R. Vanderwerf; Phyllis Vanderwerf; Kenneth J. Smith; Marlene M. Smith; Thomas G. Estes; Jean Estes; Edward H. Kapelle; Anna M. Kapelle; the Heathermeade Homeowner's Assoc.; Edgar R. Westerberg; Pearl G. Westerberg; Mildred Townley Brown; Forrest Townley, and All Unknown Persons Who Claim Any Interest In the Subject Matter of This Action, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

April 3, 1986.


Attorney(s) appearing for the Case

John A. Studholme, Boulder, for plaintiffs-appellants.

French and Stone, P.C., Joseph C. French, David M. Haynes, Boulder, for defendants-appellees.


SMITH, Judge.

Plaintiffs appeal the partial summary judgment entered in favor of defendants in which the trial court found as a matter of law that plaintiffs did not have an easement by way of necessity over defendants' road. They further appeal the court's judgment for defendants, entered after trial on the remaining issues, based on findings that the road is not a public one and that defendants have not been estopped by their actions to deny plaintiffs use of the...

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