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AKIN v. FOUR CORNERS ENCAMPMENT

No. 05CA1228.

179 P.3d 139 (2007)

Jack AKIN and Carol Stepe, Petitioners-Appellants, v. FOUR CORNERS ENCAMPMENT, Dolores River Bridge Club, Incorporated, a Colorado corporation, Twin Spruce Property Owners, Inc., a Colorado corporation, and Cordy O. Wallace, Respondents-Appellees.

Colorado Court of Appeals, Div. V.

April 19, 2007.

Attorney(s) appearing for the Case

Samuel Yahn, Denver, Colorado, for Petitioners-Appellants.

Hale Friesen, LLP, Allan L. Hale, Robert T. Hoban, Jason Bradford Harms, Denver, Colorado, for Respondents-Appellees Four Corners Encampment and Dolores River Bridge Club, Incorporated.

McLachlan & Whitley, LLC, Marla C. Underell, Durango, Colorado, for Respondent-Appellee Twin Spruce Property Owners, Inc.

Kelly R. McCabe, P.C., Kelly R. McCabe, Hazen D. Brown, Cortez, Colorado, for Respondent-Appellee Cordy O. Wallace.

Opinion by Judge J. JONES.

Petitioners, Jack Akin and Carol Stepe, appeal the district court's judgment in favor of respondents on their petition seeking to condemn an easement for a private way of necessity over respondents' property pursuant to art. II, § 14 of the Colorado Constitution and § 38-1-102(3), C.R.S.2006. They also appeal the district court's order denying their motion to amend their petition to substitute a pipeline company as the petitioner...

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