A win for the Elk Falls homeowners on appeal

Fred Skillern, Echo Ryan, and Nate Osborn teamed up to defend our successful verdict in favor of all Elk Falls homeowners. The decision of the Colorado Court of Appeals, issued May 2, 2013, preserves the historic access rights of the 140 members of the Elk Falls Homeowner Association, connecting neighborhood roads to county roads. The appeals court approves the judgment of the Park County District Court awarding implied easements to the property owners based on adverse use and prescription, implementing evidence of a prior “attempted but imperfect grant,” and estoppel, and clarifying that parts of S. Elk Creek Road is open to the public.  [Read the Opinion]