Sides in land dispute disagree over pretrial settlement offers

By Berny Morson, Rocky Mountain News (Contact)

Friday, December 21, 2007

The parties in a contentious lawsuit over title to part of a valuable Boulder lot disagreed Thursday on what offers they made to each other before the case went to trial.

A Boulder judge in October awarded about one-third of a lot belonging to Don and Susie Kirlin to their neighbors, former Boulder Mayor Richard McLean and his wife, Edith Stevens.

The award was made under a legal principle called adverse possession, which allows a person who has been using land for at least 18 years to claim it from the owner. McLean and Stevens had been crossing the Kirlins' empty lot for 25 years to get to their backyard, the judge found.

Don Kirlin said Thursday that before the trial, he offered to give McLean and Stevens an easement that would allow them to continue crossing his land to get to their backyard. The easement would cover a strip 80 feet long - the length of the lot - and 5 feet wide, Kirlin said.

Kirlin said McLean and Stevens wanted a piece that was 80 feet long and up to 14 feet wide at one spot.

Kim Hult, a lawyer for McLean and Stevens, said Kirlin's recollection of the easement offers is not correct, but she declined to comment further.

Hult and Kirlin said that during a mediation process before the trial, they discussed the sale of part of the disputed lot to McLean and Stevens.

The price would have been based on the appraised value of the lot, they said. Assuming the lot is worth $1 million, that would be in the range of $300,000.

The property enjoys views of the Boulder greenbelt and the Flatirons.

Kirlin said the families are still negotiating a settlement, but Hult would not confirm that.

Meanwhile, the Kirlins are appealing the October ruling.

morsonb@RockyMountainNews.com or 303-954-5209

• December 21, 2007

  6:44 a.m.

  Suggest removal

  Raynelq writes:

  First of all, Mclean and Stevens had no business trespassing on their neighbors lot. The Mcleans are trying to make this appear as a country access case. The lot in question is a city lot not unlike a vacant lot you might have next to your lot. The Mcleans have to learn how to stay on their own property like good neighbors do. I am firmly on the Kirlin's side as to credibility.
  I believe the McLeans will never answer the obvious question: "Why can't you use your back door to access your backyard? The house guard on the day of the picnic/protest could."

• December 21, 2007

  5:50 p.m.

  Suggest removal

  somebunnyluvsme writes:

  Absolutely correct Raynelq, These miscreants, are just a couple of pigs, that need slaughtering. It is beyond me that, the two of them, both attorneys of course, could even consider doing such a thing to a neighbour. The law firm representing them in this reprehensible action, All quite legal of course, should be shunned by the entire community. The Kerlins should receive their land back, and be reimbursed to the last penny. These pigs are exactly the last type of people that you would want as neighbours.

• December 22, 2007

  8:31 a.m.

  Suggest removal

  PMSXpress writes:

  So many comments from so many people all over the country now. There are articles, columns, blogs and discussion threads nationwide about Edith Stevens and Richard McLean and the selfish crap that they pulled on their neighbors in the name of law. Hundreds, maybe even thousands of comments by now. Possibly only a dozen or so that weakly defend what these people did and the remainder firmly in favor of returning the land to the rightful owners. Will it change anything? If the general assembly can write a thoughtful bill to alter the original law to protect landholdings from being stolen outright as has happened here then probably a good thing this has come to light. But if it will change anything for the Kirlins remains to be seen.

  Will Judge James Klein be retained at the next election? If a ground-roots swell comes forward, gently reminding voters when the time comes 'round, "Remember folks, this is the judge that helped those creeps steal that land over on Hardscrbble..." then probably not. Which again is the start of something else that needs to change. And I don't think I need to elaborate.