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MATOUSH v. LOVINGOOD

No. 05CA0538.

159 P.3d 741 (2006)

Carol S. MATOUSH, Plaintiff-Appellee, v. David H. LOVINGOOD and Debra Lovingood, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

November 2, 2006.

Attorney(s) appearing for the Case

Howard Morrison, Colorado Springs, Colorado, for Plaintiff-Appellee.

Felt, Monson & Culichia, LLC, James W. Culichia, Karen L. Remling, Colorado Springs, Colorado, for Defendants-Appellants.

Opinion by Judge RUSSEL.

Defendants, David H. Lovingood and Debra Lovingood, appeal the trial court's judgment in favor of plaintiff, Carol S. Matoush. We reverse and remand with directions.

I. Background

This case involves a dispute about an easement across residential real property. Plaintiff owns the dominant estate, which is benefited by an express easement "for sewer and water pipes and alley purposes...

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