Martini v. Smith

Opinion by

Judge VOGT.

In this action to resolve conflicting claims to ownership of real property, defendant, Ray Smith, appeals the summary judgment entered in favor of plaintiffs, Arthur P. Martini, Karen Martini William Rich, Maria Rich, Ray Kilmer, Judy Kilmer, Ann Wallis, Richard Bowman, Mary Bowman, and Pioneer Lookout Water District. We reverse and remand for further proceedings.

The property in question is a twenty-five foot wide strip of land along the southern edge of the Pioneer Lookout Subdivision (the Subdivision) in El Paso County, Colorado. On the original Subdivision plat, the…