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Couple Accused Of Faking Evidence In Boulder Land Dispute

McLean, Stevens 'Insulted'

POSTED: 6:56 pm MST February 14, 2008
UPDATED: 6:14 am MST February 15, 2008

A Boulder couple who lost part of their million-dollar lot in a land dispute has filed a motion accusing their neighbors of fabricating crucial evidence.

"These people have committed fraud on the court," said Don Kirlin.

Don and Susie Kirlin said they have new evidence their neighbors, Dick McLean and Edie Stevens, deceptively created a path on the vacant lot next door after they sued for it.

McLean and Stevens have said they've used "Edie's path" for the last 25 years to access their back yard with no objection from the Kirlins, a crucial part of their adverse-possession claim on the land.

Edie's path is clearly visible in one photo taken in 2007, but the Kirlins said another photo taken before the suit was filed in 2006 showed the path didn't exist.

"There was no path; there wasn't a hint of a path. There wasn't even a broken weed," said Don Kirlin.

They've also found aerial photos.

The one taken in 2007 clearly shows the path. The Kirlins said the one taken in 2006 does not.

McLean and Stevens said the allegations are an insult.

"I have too much respect for the law," said McLean, a former judge.

They said the aerial photographs were taken by different companies during different seasons so the contrast and resolution aren't the same.

They said a vague outline of the path is visible in all of the photos.

Besides, they said the woodpile and garden seen in the photos provided additional proof in trial that they've continually used the property.

Stevens said for her, the hardest part has been the criticism of her husband.

"To suggest that he would do anything, anything that would be improper in the legal system is absolutely unfair," she said with tears in her eyes.


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