Stoll v. MacPherson Duck Club, Ltd.

In part I of its opinion the majority has directed that the trial court confirm the right of the plaintiffs to drain their lands through the Putnam Ditch. They have also required that the right of plaintiffs to enter upon defendants’ land for the purpose of maintaining the ditch be specifically set forth in the trial court’s decree. With this portion of the opinion I concur. In my view such a decree provides “a complete adjudication of the rights of all parties” under C.R.C.P. 105.

In part II, however, the majority directs the trial court to issue coercive orders prohibiting defendants, in…