NEAR v. CALKINS

No. 95CA0785.

946 P.2d 537 (1997)

Raymond W. NEAR, Plaintiff-Appellant, v. George W. CALKINS, Carleen Poland, and Nancy P. Dominick, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied May 1, 1997.

Certiorari Denied October 27, 1997.


Attorney(s) appearing for the Case

Law Offices of Richard Silverstein, Richard Silverstein, Janice H. Ferguson, Denver, for Plaintiff-Appellant.

Krassa, Kumli & Madsen, LLC, Shayne M. Madsen, Robert F.T. Krassa, Boulder, for Defendants-Appellees.


Opinion by Judge ROY.

Plaintiff, Raymond Near, appeals from the declaratory judgment of the trial court concluding that a strip of property adjacent to a parcel owned by him is private property in which he has no ownership interest. We affirm in part and vacate in part.

The facts are substantially undisputed. Plaintiff is the owner of four unimproved lots in the University Park Heights Subdivision as platted in 1890 (the Subdivision). The property in question...

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