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HAWLEY v. MOWATT

No. 05CA1572.

160 P.3d 421 (2007)

Norma A. HAWLEY and Larry N. Hawley, Plaintiffs-Appellees and Cross-Appellants, v. David S. MOWATT, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. V.

April 5, 2007.

Attorney(s) appearing for the Case

Cazier & McGowan, Rodney R. McGowan, John D. Walker, Granby, Colorado, for Plaintiffs-Appellees and Cross-Appellants.

Springer and Steinberg, P.C., Matthew R. Giacomini, Denver, Colorado, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge VOGT.

Defendant, David S. Mowatt, appeals a trial court judgment in favor of plaintiffs, Norma A. Hawley and Larry N. Hawley, on plaintiffs' complaint seeking damages and injunctive relief for trespass. Plaintiffs cross-appeal the trial court's order denying their request for attorney fees. We affirm the judgment, vacate the order denying fees, and remand with directions.

Mowatt and the Hawleys own adjacent home sites on Shadow Mountain Reservoir...

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