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GRAHAM v. JULES INVESTMENT, INC.

Court of Appeals No. 13CA1364.

356 P.3d 986 (2014)

2014 COA 136

James M. GRAHAM and Nichole J. Graham, Plaintiffs-Appellants, v. JULES INVESTMENT, INC., and Big Cats of Serenity Springs, Inc., d/b/a Serenity Springs Wildlife Center, Defendants-Appellees.

Colorado Court of Appeals, Div. VI.

Rehearing Denied November 13, 2014.

Attorney(s) appearing for the Case

Hamilton Faatz, PC, Clyde A. Faatz, Jr. , Andrew C. Iverson , Greenwood Village, Colorado, for Plaintiffs-Appellants

Gregory John Hock, P.C., Gregory John Hock , Colorado Springs, Colorado, for Defendants-Appellees

Opinion by JUDGE BERNARD

¶ 1 Can a court order a land owner to sell the land to another if the other's structures encroach on the land? We recognize that this remedy, which is called a "forced sale," should be used sparingly in encroachment cases. But, under the unusual facts of this case, we conclude that such a remedy was proper.

¶ 2 This appeal involves a refuge that harbors exotic animals. It is owned by defendants, Big Cats of...

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