Legal Opinion

LR Smith Investments, LLC v. Butler

Colorado Court of Appeals

Decided December 18, 2014No. Court of Appeals No. 13CA1579PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

JUDGE BERGER

{ 1 In this prescriptive easement case, defendant, Alexandra M. Butler, appeals the trial court's judgment confirming two prescriptive easements in favor of plaintiff, LR Smith Investments, LLC (Smith), across agricultural lands owned by Butler.

T 2 Butler contends that the trial court committed four errors that require reversal: (1) applying a presumption of adversity in favor of Smith; (2) holding that Butler was required to show the existence of an actual agreement between the parties to establish permissive entry; (8) rejecting the "neighborly accommodation" doctrine;…

2Cases cited21 opinions

  1. Lobato v. TaylorSupreme Court of Colorado · 2002
  2. Trueblood v. PierceSupreme Court of Colorado · 1947
  3. Gerner v. SullivanSupreme Court of Colorado · 1989
  4. Wright v. Horse Creek RanchesSupreme Court of Colorado · 1985
  5. Crites v. KochCourt of Appeals of Washington · 1987

16 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. ge Condominium Association, Inc. v. Lo Viento Blanco, LLCColorado Court of Appeals · 2020
  2. IN RE the MARRIAGE OF Delinda EVANS, and Kenneth EvansColorado Court of Appeals · 2021
  3. LO VIENTO BLANCO, LLC, an Arizona limited liability company v. WOODBRIDGE CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporationSupreme Court of Colorado · 2021
  4. Dole v. GreeneDistrict Court, D. Colorado · 2022

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API