Legal Opinion
Near v. Calkins
Colorado Court of Appeals
Decided March 6, 1997No. 95CA0785PublishedCited by 3 opinions
1Opinion of the Court
Opinion by
Judge ROY.
Plaintiff, Raymond Near, appeals from the declaratory judgment of the trial court concluding that a strip of property adjacent to a parcel owned by him is private property in which he has no ownership interest. We affirm in part and vacate in part.
The facts are substantially undisputed. Plaintiff is the owner of four unimproved lots in the University Park Heights Subdivision as platted in 1890 (the Subdivision). The property in question is immediately adjacent to plaintiffs lots on the east and consists of the west one-half (30 feet) of what is designated on the…
2Cases cited12 opinions
- Murphy v. Mart Realty of Brockton, Inc.Massachusetts Supreme Judicial Court · 1965
- Beacom Ex Rel. Seventeenth Judicial District v. Board of County CommissionersSupreme Court of Colorado · 1983
- ATCIHSON v. City of EnglewoodSupreme Court of Colorado · 1973
- Sky Harbor, Inc. v. JennerSupreme Court of Colorado · 1968
- Olin v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1898
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3Cited by3 opinions
- Turnbaugh v. ChapmanColorado Court of Appeals · 2003
- Alexander v. McClellanColorado Court of Appeals · 2001
- Great Northern Properties v. Extraction Oil and GasColorado Court of Appeals · 2022