Simon v. Pettit
Supreme Court of Colorado
1Opinion of the Court
ROVIRA, Justice.
We granted certiorari to review the decision of the court of appeals in Simon v. Pettit, 651 P.2d 418 (Colo.App.1982), reversing a ruling by the trial court that two footpaths across private property in Boulder had become public highways by prescription.1 The court of appeals held that footpaths are included within the definitions of “road” and “highway” but that the public did not acquire prescriptive rights because the use of the two footpaths was *1300permissive and not adverse. We affirm the court of appeals’ decision on other grounds.
I
Joshua and Jeremy Simon, plaintiffs, by…
Also in this document: Dissent.
2Cases cited23 opinions
- Safeway Trails, Inc. v. FurmanSupreme Court of New Jersey · 1964
- Board of County Commissioners v. FlickingerSupreme Court of Colorado · 1984
- O'Connell v. Chicago Terminal Transfer RailroadIllinois Supreme Court · 1900
- Boullioun v. ConstantineSupreme Court of Arkansas · 1932
- Board of Cty. Com'n of Cty. of Delta v. OgburnColorado Court of Appeals · 1976
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3Cited by19 opinions
- Southern Utah Wilderness Alliance v. Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2005
- McIntyre v. Board of County CommissionersSupreme Court of Colorado · 2004
- Wilkenson v. Dept. of Interior of United StatesDistrict Court, D. Colorado · 1986
- ge Condominium Association, Inc. v. Lo Viento Blanco, LLCColorado Court of Appeals · 2020
- Durbin v. Bonanza Corp.Colorado Court of Appeals · 1986
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