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CITY OF LAKEWOOD v. MAVROMATIS

No. 88CA1139.

786 P.2d 493 (1989)

CITY OF LAKEWOOD, a municipal corporation of the State of Colorado, Petitioner-Appellant, v. William MAVROMATIS, sometimes known as Billy Wilson; and United Bank of Denver, as Trustee for the Estate of Joel Barron, Respondents-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied January 11, 1990.

Certiorari Granted May 29, 1990.

Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker & Grover, Malcolm M. Murray and Vicki J. Fowler, Denver, for petitioner-appellant.

Larry E. Lawler, Lakewood, for respondent-appellee William Mavromatis.

Notarianni & Notarianni, Aldo G. Notarianni, Denver, for respondent-appellee United Bank of Denver.

Veto & Scott, Diane S. Freed, Lakewood, for respondent-appellee United Bank of Denver as Trustee for the Estate of Joel Barron.

Opinion by Judge REED.

Petitioner, City of Lakewood, appeals the summary judgment entered in favor of respondents, William Mavromatis, s/k/a Billy Wilson and United Bank of Denver, as trustee for the estate of Joel Barron. The city contends that the trial court erred in concluding that it did not own a right-of-way across the respondents' land. We affirm.

The city claimed ownership of the disputed property as a public right-of-way by virtue of a "Road Petition...

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