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PICKENS v. KEMPER

No. 91CA2057.

847 P.2d 648 (1993)

Marilyn F. PICKENS, Richard K. Frevert and Corine T. Frevert, as Co-Trustees under a Revocable Living Trust, Plaintiffs-Appellees, v. Leon D. KEMPER and Mary A. Kemper, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

January 28, 1993.

Attorney(s) appearing for the Case

Harden, Schmidt, Hass, Hagg & Hallberg, V. Rodney Hallberg, Estes Park, for plaintiffs-appellees.

Meyer & Saint, Robert H. Meyer, Camilla R. Saint, Estes Park, for defendants-appellants.

Opinion by Judge NEY.

Defendants, Leon and Mary Kemper, appeal from the summary judgment in favor of plaintiffs, Marilyn Pickens and Richard and Corine Frevert, granting injunctive and declaratory relief to prevent the construction of a fence across a portion of plaintiffs' easement. We affirm.

Plaintiffs own a residence and are the successor grantees of two appurtenant easements. The first easement was made by grant to plaintiffs' predecessor in title and...

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