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MARTINI v. SMITH

No. 99CA0714.

18 P.3d 776 (2000)

Arthur P. MARTINI, Karen Martini, William Rich, Maria Rich, Ray Kilmer, Judy Kilmer, Ann Wallis, Richard Bowman, Mary Bowman, and Pioneer Lookout Water District, a Colorado Special District, Plaintiffs-Appellees, v. Ray SMITH, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied July 27, 2000.

Certiorari Granted March 12, 2001.

Attorney(s) appearing for the Case

Hanes & Schutz, P.C., Richard W. Hanes, Timothy J. Schutz, Colorado Springs, Colorado, for Plaintiffs-Appellees.

Winston & Winston, P.C., Joseph R. Winston, Haydn Winston Colorado Springs, Colorado, for Defendant-Appellant.

Opinion by Judge VOGT.

In this action to resolve conflicting claims to ownership of real property, defendant, Ray Smith, appeals the summary judgment entered in favor of plaintiffs, Arthur P. Martini, Karen Martini, William Rich, Maria Rich, Ray Kilmer, Judy Kilmer, Ann Wallis, Richard Bowman, Mary Bowman, and Pioneer Lookout Water District. We reverse and remand for further proceedings.

The property in question is a twenty-five foot wide strip of land along...

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