Board of Directors v. Calvaresi

We will refer to the plaintiff in error as Baker, and to the defendants in error as the Pomponios and the Calvaresis.

The Pomponios and the Calvaresis own adjacent tracts of land in Adams County, Colorado. The Calvaresis’ land, which is east of the Pomponios’, includes a “panhandle” in the northwest corner, 45 feet wide and 200 feet long. At the time this controversy arose, the Pomponios’ land was being mined for gravel under a lease to the Cooley Gravel Company.

In 1961, Baker decided to run a water line across the “panhandle” of the Calvaresis, and across part of the Pomponios’ land which had…