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LEWITZ v. PORATH FAMILY TRUST

No. 00CA0438.

36 P.3d 120 (2001)

Cecil LEWITZ and Nancy Lewitz, Plaintiffs-Appellants, v. PORATH FAMILY TRUST, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing April 26, 2001.

Certiorari Denied December 3, 2001.

Attorney(s) appearing for the Case

Robert A. Francis P.C., Robert A. Francis, Aspen, CO, for Plaintiffs-Appellants.

Carl H. Tessler, P.C., Carl H. Tessler, Denver, CO, for Defendant-Appellee.

Opinion by Judge DAVIDSON.

Plaintiffs, Cecil and Nancy Lewitz, own Parcel X; Raymond Auger, who is not a party to this lawsuit, owns Parcel Y; and defendant, the Porath Family Trust, owns Parcel Z. The parcels lie adjacent to one another in Pitkin County. The Lewitzes filed a complaint seeking a judgment determining their rights to use an easement across Parcel Z to Parcel X, or alternatively, for reformation of the deed creating the easement. The trial court entered...

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