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BROWN v. FAATZ

No. 06CA2121.

197 P.3d 245 (2008)

Curtis L. BROWN, in his capacity as Trustee for the Heritage Ministries, Plaintiff-Appellant and Cross-Appellee, v. Martille FAATZ, as Trustee of the Martille Shawcroft Trust, and Brett Shawcroft, as Trustee of the Oscar Shawcroft Trust B, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. VI.

Rehearing Denied November 6, 2008.

Attorney(s) appearing for the Case

Duncan, Ostrander & Dingess, P.C., Robert R. Duncan, Donald M. Ostrander, James Birch, Denver, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Hamilton, Faatz & Waller, PC, Clyde A. Faatz, Jr., Christopher J.W. Forrest, Robin L. Nolan, Denver, Colorado, for Defendants-Appellees and Cross-Appellants.

Opinion by Judge J. JONES.

This case concerns primarily whether one property owner has a private prescriptive easement over others' property and, if so, the scope of that easement. Defendants, Martille Faatz, as trustee of the Martille Shawcroft Trust, and Brett L. Shawcroft, as trustee of the Oscar Shawcroft Trust B (collectively, the Shawcrofts), challenge the trial court's judgment finding that plaintiff, Curtis L. Brown, in his capacity as trustee for the Heritage...

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