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WEST v. HINKSMON

No. 91CA1880.

857 P.2d 483 (1992)

Harry F. WEST and Nicki J. West, Plaintiffs-Appellants, v. Charles F. HINKSMON and Maria T. Hinksmon, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing February 25, 1993.

Certiorari Denied August 30, 1993.

Attorney(s) appearing for the Case

Dietze, Davis and Porter, P.C., Peter C. Dietze, Robyn W. Kube, Boulder, for plaintiffs-appellants.

Faegre & Benson, Joseph M. Montano, Diane B. Davies, Denver, for defendants-appellees.

Opinion by Judge PIERCE.

Harry and Nicki West appeal from a judgment denying them a private way of necessity and from the award of attorney fees against them. We vacate the judgment and remand for further proceedings.

The Wests purchased 160 acres of unimproved mountain property in 1981. Charles and Maria Hinksmon purchased approximately 80 acres of unimproved land adjoining the Wests' eastern boundary in 1987. A way known as San Pablo Canyon Road traverses...

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