City of Loveland v. Roger Gomez, et al

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Case No. 2016CV030703

Case summary:
The City filed a quiet title and declaratory judgment action for a utility easement. The City has had water lines at a property located at 3508 W. Eisenhower for over seventy-five years. A 12 inch diameter waterline was placed on the property in 1936, and a 34 inch diameter waterline was added in 1954. The railroad owned the property at the time. In the 1970s, the railroad sold the small land parcel to the adjacent landowner. This deed was recorded in 1980. Additionally, an overhead power transmission line was installed in approximately 1970-1971. The City owns the line but it is maintained and operated by Platte River Power Authority. The City renewed the license annually with the railroad company until the property transferred to private ownership in the 1970s. The waterlines and power lines have been on the property for more than eighteen years, and the City asserts it has a prescriptive easement for these utilities or an implied easement by estoppel. The utility easement has been in existence continually for 80 years, 62 years, and 45 years respectively. Defendant asserted he now held the license previously issued by the railroad company and that the easement is a taking. The parties moved for summary judgment and asked the Court to rule. The Court ruled against the Plaintiff and found he could not assert he held the railroad’s license. The Court found there were factual disputes as to the City’s claims and denied summary judgment. The Court mandated mediation. The parties participated in two settlement conferences with a senior judge, but were unable to resolve the case. Discovery has been ongoing, and survey identified the easement area approximately fifteen feet further north than previously identified. As a result, the City filed a motion to amend its complaint. Defendant filed a motion to amend his counterclaim to allege inverse condemnation, as well as a request to exclude the case from Rule 16.1. On August 6, 2018, the Court ruled on a motion for summary judgment ordering that the City has prescriptive easements for the power lines on the property. After a trial on August 13-15, 2018, the Court found a prescriptive and implied easement by estoppel for the water lines.

District Court Pleadings

Last updated: September 28, 2018







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