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MATOUSH v. LOVINGOOD

No. 06SC823.

177 P.3d 1262 (2008)

Carol S. MATOUSH, Petitioner v. David H. LOVINGOOD and Debra Lovingood, Respondents.

Supreme Court of Colorado, En Banc.

March 3, 2008.

Attorney(s) appearing for the Case

Howard Morrison, Colorado Springs, Colorado, Attorney for Petitioner.

Felt, Monson & Culichia, LLC, James W. Culichia, David M. Shohet, Colorado Springs, Colorado, Attorneys for Respondents.

Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this adverse possession case, we review the court of appeals' opinion in Matoush v. Lovingood, 159 P.3d 741 (Colo.App. 2006).1 There, the court of appeals concluded that the trial court applied the wrong legal standard to a claim to terminate an easement by adverse possession.2 The easement...

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