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AUSLAENDER v. MacMILLAN

No. 83CA0250.

696 P.2d 836 (1984)

Bennett A. AUSLAENDER, Plaintiff-Appellant, v. Elizabeth K. MacMILLAN, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 17, 1985.

Attorney(s) appearing for the Case

Matassa, Dean & Sampson, Carolyn L. Sampson, Wheatridge, for plaintiff-appellant.

Dietze, Davis & Porter, Peter C. Dietze, Boulder, for defendant-appellee.

METZGER, Judge.

Plaintiff, Bennett A. Auslaender, appeals from that portion of a quiet title decree finding that a prescriptive easement for ingress and egress was acquired across his property by defendant, Elizabeth K. MacMillan. We affirm, and remand with directions.

The undisputed facts are as follows: The State Highway Commission abandoned a section of the old U.S. Highway 285 in Jefferson County on November 19, 1958. Since the Board of County Commissioners...

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