Response Filed in South Boulder Property Dispute
Response filed in south Boulder property dispute
By Heath Urie
Originally published 10:42 a.m., May 1, 2008
Updated 10:49 a.m., May 1, 2008
Ongoing Coverage
Stay up-to-date in our Ongoing Coverage Section for the Adverse Possession Case
VIDEO: Nov. 18 protest picnic in support of the Kirlins. WATCH »
VIDEO: Take a look at Don and Susie Kirlin's land and hear them speak about the case. WATCH »
MAP: Satellite image Google map of Hardscrabble Drive.
AUDIO: Listen to NPR's report on the case.
AUDIO: Local singer Don Wrege composed several songs about the land dispute.
- 1. Stealing Land From Our Neighbor
- 2. This Land Belongs to Don & Susie
- 3. Edie & Dick (The Grinch Theme)
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Documents:
PDF: Read the court order.
PDF: Read the letter to Susie Kirlin from the Colorado Supreme Court’s Attorney Regulation Counsel rejecting her legal ethics claim
PDF: Read a letter sent from Richard McLean and Edith Stevens to their friends and supporters, in which they explain their actions.
PDF: Read a column by Boulder County Bar Association president Sonny Flowers that defends Boulder District Court Judge James C. Klein.
PDF: Read the police report about the suspicious package
more documents ...
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Don and Susie Kirlin on Wednesday filed what is likely the final paperwork before Boulder District Judge James C. Klein rules for the second time on whether the couple’s neighbors should gain title to a stretch of their million-dollar property in south Boulder.
The Kirlins last month successfully petitioned the Colorado Court of Appeals to send the controversial case back to Klein, so he can determine whether “new evidence” presented by the Kirlins — who say a path across their property was created by Richard McLean and Edith Stevens to help win their adverse-possession case — was fabricated.
The Kirlins are asking Klein to overturn his trial court decision based on aerial and ground photographs of the disputed property and sworn affidavits of neighbors and others who say the path was a recent creation — not the result of longtime use.
McLean, a former Boulder judge, and Stevens, an attorney, deny any wrongdoing.
The Wednesday filing asks Klein to hold an open hearing before he issues his decision and provides additional sworn testimony from an expert witness about aerial photography.
Klein has the option to hold a limited hearing with each side, a full hearing complete with witnesses or to make a decision about the case after reviewing only the written arguments.
The Kirlins have said they plan to continue the appeals process if Klein rules against them again.