September 9, 2021
Garfield & Hecht attorneys David McConaughy and Paul Wisor filed a lawsuit on behalf of the Town of Mountain Village in the San Miguel County District Court against Brown Dog Properties, LLC (“Brown Dog”) and its members Frank and Ruth Hensen. In the lawsuit, the Town is requesting a court order confirming the Town’s easement rights for the Meadows Trail as it crosses property owned by Brown Dog. Brown Dog and the Hensens have asserted that the Town and the public have no easement and no right to use the trail across their property. The Town disagrees and will pursue claims to confirm easement rights for the trail on several legal grounds including a claim for a “prescriptive easement” based on more than 18 years of continuous use by the Town and the public.
After Brown Dog and the Hensens threatened to close or block the trail, the Town closed it temporarily for public safety. The Town will be asking the Court to issue an immediate order prohibiting Brown Dog and the Hensens from blocking or interfering with the trail while the case is pending so that it can be reopened to the public.
Garfield & Hecht, P.C. proudly serves as general counsel for the Town of Mountain Village as well as the municipalities of Avon, Delta, De Beque, Fairplay, Fruita, and New Castle.
