Wednesday, November 21, 2007

They sound like thieves to me

Via Boing Boing



Twenty-three years ago, Don and Susie Kirlin bought an undeveloped lot down the street from their home on the outskirts of Boulder. The property was adjacent to Edith Stevens and Richard McLean's home.

Stevens and McClean landscaped their own property in such a way that it became convenient to trespass on the Kirlin's lot to access their own backyard. Stevens and McClean created paths on the Kirlin's property, threw summer parties on the Kirlin's property and kept a wood pile on the Kirlin's property. Stevens and McClean admitted in court they knew they were trespassing and never asked the Kirlins permission to use the lot.

When the Kirlins, who had been paying taxes and homeowner fees on the property all along, begen to erect a fence on their property as the first step in building a house, Stevens and McClean (a former former district court judge, Boulder mayor, and city councilman) hired a lawyer to sue the Kirlins for ownership of the property under the doctrine of "adverse possession". This doctrine states that if a person uses another person's land for a long time without being challenged by the owner, the land belongs to the person "most attached to its use."

On October 17, 2007, Boulder District Court Judge James C. Klein ordered the Kirlins to give 1/3 of their lot to McLean and Stevens. Yesterday, the Colorado Supreme Court's Attorney Regulation Counsel rejected the Kirlins' request to conduct an ethical misconduct probe into the matter. In addition, Stevens and McClean have asked the judge to force the Kirlin's to pay their legal fees.


Read more here.

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