HomeMy WebLinkAbout2016CV31096 - CITY OF FORT COLLINS, A COLORADO MUNICIPAL CORPORATION; AND POUDRE FIRE AUTHORITY, A COLORADO PUBLIC ENTITY V. KEITH GILMARTIN - 042A - PROPOSED ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT2634727.1
DISTRICT COURT, LARIMER COUNTY, COLORADO
Larimer County Justice Center
201 La Porte Avenue
Suite 100
Fort Collins, CO 80521
970-494-3500
▲ COURT USE ONLY ▲
Plaintiff:
CITY OF FORT COLLINS, a Colorado municipal
corporation; and POUDRE FIRE AUTHORITY, a Colorado
public entity,
v.
Defendant:
KEITH GILMARTIN, an individual.
Case No.: 16CV31096
Div.: Ctrm: 3C
ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT
PURSUANT TO C.R.C.P. 56(a)
THE COURT, having reviewed the parties' briefing on Plaintiffs' Motion for Partial
Summary Judgment Pursuant to C.R.C.P. 56(a) ("Motion"), having reviewed the pleadings
herein, and being otherwise fully advised in the premises,
HEREBY ORDERS THAT the Motion is GRANTED. Accordingly, the Court hereby
enters summary judgment in favor of Plaintiffs and against Defendant Keith Gilmartin, on
Plaintiffs' Third Claim for Relief for Declaratory Judgment, ordering that:
1. That portion of the easement conveyed by Mr. Gilmartin and his parents by way
of the January 15, 1991 Deed of Easement ("Deed of Easement") attached as Exhibit C to the
Motion and to which Mr. Gilmartin was the servient estate holder as of the commencement of
DATE FILED: June 7, 2017 3:37 PM
FILING ID: 159EB0947D704
CASE NUMBER: 2016CV31096
2
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this action (the "Easement") is a public easement for use by the public as authorized by the City
of Fort Collins (the "City");
2. The City and the Poudre Fire Authority (the "Authority") (as the City's assign)
and their respective directors, officers, employees, volunteers, agents, guests, and invitees may
use the Easement free from interference from Mr. Gilmartin for all uses that a public roadway
may be used as authorized by the City, including but not limited to, ingress to and egress from
the Authority's training center located at 3400 West Vine Drive in Fort Collins, Colorado and
parking vehicles within the Easement; and
3. Any further interference by Mr. Gilmartin with Plaintiffs' rights under the Deed of
Easement will constitute trespass and private nuisance.
So ORDERED this _________ day of ____________, 2017.
BY THE COURT:
___________________________
District Court Judge