FREEMAN v. ROST FAMILY TRUST

No. 97CA2123.

973 P.2d 1281 (1999)

Leon S. FREEMAN, Jr., Plaintiff-Appellant, v. The ROST FAMILY TRUST, and Randy Rost, as Trustee for the Rost Family Trust, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

February 4, 1999.


Attorney(s) appearing for the Case

Victor F. Boog, P.C., Victor F. Boog, Robert R. Gunning, Lakewood, Colorado, for Plaintiff-Appellant

Stephen A. Groome, Conifer, Colorado, for Defendants-Appellees


Opinion by Judge VOGT.

Plaintiff, Leon S. Freeman, Jr., appeals from the trial court judgment dismissing his private condemnation action against defendants, The Rost Family Trust and Randy Rost, and awarding defendants their attorney fees and costs. We reverse and remand for further proceedings.

This action concerns adjoining parcels of land in Jefferson County. Defendants own an 80-acre parcel situated to the north of two adjacent 40-acre parcels which were...

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