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Boulder Land Dispute Back In Court

Neighbors Going Back To Court Over Million-Dollar Lot

POSTED: 6:31 pm MDT April 2, 2008
UPDATED: 11:30 am MDT April 3, 2008

The Boulder couple who lost a third of their vacant million-dollar lot to their neighbors might have a chance to get it back.

An appeals court has sent the adverse possession case, known as the squatters' law, back to the Boulder judge who originally heard the case.

The neighbors who had claimed the land said they walked on it for 24 years. But the couple that lost the land said that argument is simply a lie.

"It's worth fighting for," said Susie Kirlin. Kirlin and her husband, Don, bought the lot in 1984.

An appeals court has kept the battle for the land, with sweeping views of the Flatirons, in the court system. The Kirlins claim they have new evidence that shows their neighbors -- the McCleans -- deceptively and recently created a path on the lot, a crucial part of the McCleans' claim on the land.

"This property is beautiful, as you can see. We've owned it a long time and it's always been our dream to build a home here," said Kirlin.

Both sides appear undaunted by the latest ruling.

"Well, we're very happy that it's going back to Judge (James C.) Klein because we've not had a chance to address the issues," said Dick McLean, who was awarded the land last summer.

The Kirlins say photos taken before the suit was filed in 2006 clearly show the path did not exist. They also found an aerial photo from 2006 which doesn't show a path.

"I know they fabricated the path. There's no doubt in my mind," said Kirlin.

The Kirlins are hoping the path ultimately leads to justice. They said, in addition to those photos, new eyewitness testimony proves the path is fabricated.

"Namely, the surveyor, their own surveyor who surveyed the property. (He) never saw a path on the property," said Kirlin.

McLean emphatically denies having fabricated any evidence.

"Not in the slightest," McLean said.

The same judge who heard the case the first time will hear it again.

Dick McLean and Edie Stevens now have until April 15 to file their response to allegations of fraud. Stevens said she's walked the path since 1982.


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