City of Canon City v. Cingoranelli

KELLY, Judge.

This is a dispute over a strip of land approximately eight feet in width and 444 feet in length which Canon City claims by virtue of a common law acceptance and which Cingoranelli claims by adverse possession. The trial court ruled that the City acquired the property through common law acceptance of an improper dedication and that, therefore, Cingoranelli’s claim of title to the property by adverse possession is barred by § 38-41-101(2), C.R.S. (1982 Repl. Vol. 16A). We affirm.

This case was tried on an agreed statement of facts. Among other things, it was agreed that there had…