Lewitz v. Porath Family Trust

Opinion by

Judge DAVIDSON.

Plaintiffs, Cecil and Nancy Lewitz, own Parcel X; Raymond Auger, who is not a party to this lawsuit, owns Parcel Y; and defendant, the Porath Family Trust, owns Parcel Z. The parcels lie adjacent to one another in Pitkin County. The Lewitzes filed a complaint seeking a judgment determining their rights to use an easement across Parcel Z to Parcel X, or alternatively, for reformation of the deed creating the easement. The trial court entered summary judgment on behalf of the Trust, and the Lewitzes appeal. We reverse and remand for further proceedings.

In 1971, by a…