Simon Ex Rel. Simon v. Pettit

SILVERSTEIN, * Judge.

Defendants are the owners of a tract of land in the City of Boulder, Colorado. Plaintiffs brought this action seeking a declaratory judgment that two footpaths crossing defendants’ land are highways pursuant to § 43-2-201(l)(c) C.R.S.1973. Plaintiffs also sought an injunction to prevent defendants from building a multi-fam-ily dwelling on the premises. The trial court entered a judgment declaring the footpaths to be public highways. The judgment also contained a provision allowing the defendants to change the course of the paths along specified routes on the perimeter of…