Case Summary
Issue:
Whether an easement, held in trust by a state agency, that allows public access to private land for small game hunting, precludes the landowners from building a house on a small portion of their land?
Plaintiff:
State of Colorado; Colorado Division of Wildlife (DOW)
Defendant:
Joel and Justina McCracken
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Case History
Joel and Justina McCracken purchased 115 acres of land in Sterling, Colorado, in December 2004 to grow wheat and alfalfa, graze cattle, and build a home. The land contained an easement held in trust for the public by the DOW, which had been purchased in 1967 from one of the McCrackens’ predecessors-in-interest. Although some of the McCrackens’ neighbors’ property was encumbered similarly, the neighbors had built homes on their property. DOW did not object to the McCrackens’ desire to build a home on their land; however, a month after their home was almost completed, the DOW advised the McCrackens that it would seek a court order to raze their home. On November 16, 2005, the Logan County District Court denied the DOW’s motion for injunctive relief against the McCrackens.
On May 1, 2006, MSLF filed its entry of appearance on behalf the McCrackens. On December 7, 2006, the DOW filed its motion for summary judgment. On December 15, 2006, the McCrackens filed their opposition. On January 8, 2007, the DOW replied.
Trial was held on February 20-21, 2007. On March 6, 2007, the Court ruled for the McCrackens, holding that their home did not interfere with use of the hunting easement. On March 21, 2007, the State filed a motion to amend the judgment to which the McCrackens responded on April 2, 2007, and the State replied on April 10, 2007. On April 13, 2007, the Court denied the State’s motion to amend the judgment.