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TRASK v. NOZISKO

No. 04CA1709.

134 P.3d 544 (2006)

Thomas Everett TRASK, Jr. and Veruska Trask, Plaintiffs-Appellants and Cross-Appellees, and Doris E. Barz and Mi Vida Enterprises, Inc., a Utah corporation, Plaintiffs-Appellants, v. Mary Lou NOZISKO, Defendant-Appellee and Cross-Appellant, and Gold Hill Mines, Inc., a Colorado corporation, and Ashley V. Steen, Third-Party Defendants-Appellants.

Colorado Court of Appeals, Div. III.

March 9, 2006.

Attorney(s) appearing for the Case

Hensley & Kennedy, P.C., John F. Hensley, Boulder, Colorado, for Plaintiffs-Appellants and Cross-Appellees and Plaintiff-Appellant Doris E. Barz.

Thomas J. Finch, Boulder, Colorado, for Plaintiff-Appellant Mi Vida Enterprises, Inc. and Third-Party Defendants-Appellants.

St. Clair & Greschler, P.C., Ira E. Greschler, Boulder, Colorado, for Defendant-Appellee and Cross-Appellant.

ROY, J.

Plaintiffs, Thomas Everett Trask, Jr., Veruska Trask, Doris E. Barz, and Mi Vida Enterprises, Inc., along with third-party defendants, Gold Hill Mines, Inc. and Ashley Steen (collectively, the owners), appeal the trial court's judgment quieting title in defendant, Mary Lou Nozisko (the adverse claimant) (1) for an area immediately adjacent to her cabin by adverse possession; (2) for a prescriptive easement for a driveway commencing in the ore storage area...

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