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SKIDMORE v. FIRST BANK OF MINNEAPOLIS

No. 85CA1640.

773 P.2d 587 (1988)

James E. SKIDMORE, Plaintiff-Appellant, v. FIRST BANK OF MINNEAPOLIS, Personal Representative of the Estate of Merrill J. Anderson; First Bank of Minneapolis, Personal Representative of the Estate of Donna D. Anderson; Wallace L. Hall a/k/a Wallace Hall; Gerald W. Feil and Sally S. Feil; George W. Callan and Mary Ann Callan; Communities Foundation of Texas; Hall Associates, Ltd.; La Plata Abstract Company, Trustee, a Colorado corporation; and the Public Trustee of the County of Archuleta, State of Colorado, and All Unknown Persons Who Claim any Interest in the Subject Matter of this Action, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 8, 1988.

Certiorari Granted May 15, 1989.

Attorney(s) appearing for the Case

Karsh & Fulton, P.C., Alan E. Karsh, Denver, for plaintiff-appellant.

Shand, McLachlan & Malick, P.C., Keith Newbold, Durango, for defendant-appellee First Bank of Minneapolis.

R. Martin Rhodes, II, Durango, for defendant-appellee Wallace L. Hall.

McDaniel and McDaniel, L.W. McDaniel, Durango, for defendants-appellees Feil, Callan, and La Plata Abstract Co.

STERNBERG, Judge.

The plaintiff, James E. Skidmore, appeals a ruling on his motion for partial summary judgment that his roadway easement was non-exclusive. He also appeals the judgment entered following trial to the court denying his claim for injunctive relief and awarding attorney fees to some of the defendants. We affirm in part, and reverse in part.

In 1973, Skidmore bought a large tract of mountain property in Archuleta County. No roadway existed to...

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