McMullin v. Hauer

JUSTICE MÁRQUEZ delivered the Opinion of the Court.

¶ 1 This land dispute concerns the ownership of seventeen acres of "common open space" in a purported common-interest community. Twenty years ago, Petitioners Crea and Martha McMullin ("the McMullins") acquired thirty acres of land in Rio Blanco County, intending to develop a rural subdivision. The McMullins recorded a final plat, which created seven lots along with seventeen acres of common open space, and entered into a subdivision agreement with the County. The plat identified the subdivision as "Two Rivers Estates."

¶ 2 For the next eight…