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The great Boulder land grab
If you covet your neighbor's land, trespass on it, treat it as your own, the squawk when he tries to build a fence on it, you could wind up owning it.
Sound like a bizarre new TV reality show? Or just everyday life in Boulder.
Richard McLean, a former district court judge and Boulder mayor and his wife, Edith Stevens, took possession of a piece of a vacant lot owned by Don and Susie Kirlin, who live up the street and have been paying taxes and homeowners fees on it for 25 years.
Using the doctrine of "adverse possession," the McLeans convinced a district judge to award them about a third of the lot. Yes, you're reading this correctly.
Rocky editorial page editor Vince Carroll calls it "brazen."
When you look up the word "brazen" in future dictionaries, your eyes may alight on a picture of a Boulder couple named Richard McLean and Edith Stevens. McLean's mug shot in particular will deserve prominent treatment - not only because of his breathtaking indifference to the norms of a civilized community (his wife is guilty of that, too) but because he is a former judge, former mayor, former city councilman and former elected representative to the Regional Transportation District.Yet at the very time this pillar of the community was meting out justice from his courtroom or voting on how to spend hundreds of millions of dollars of tax revenue for the transit agency, he and his wife were blithely trespassing on property next door. Not merely trespassing, but using the land as if it were theirs.
"Plaintiffs knew the disputed property was someone else's lando and plaintiffs used the disputed property openly, continuously and notoriously for 25 years," District Court Judge James Klein concluded in an order last month whose stern words might have led you to believe he was about to punish the couple for their transgressions.
But no: The words "plaintiffs" and "disputed property" are the hints that something is amiss - that something truly bizarre is afoot. Klein was not punishing the couple at all. He was about to reward them.
His order granted McLean and Stevens about 34 percent of a 4,750-square-foot lot owned for more than two decades by Don and Susie Kirlin, who hadn't developed it but who paid taxes and homeowner fees on it during that time. The Kirlins say they'd walk by the property on a regular basis from their home down the street but never noticed their current adversaries using it.
Confused? Can a couple more or less squat on land they know isn't theirs and then go to court demanding a transfer of title when the owners move to fence them off?
They can, and they did.
The Kirlins are appealing.
A case like this is exactly why websites like Zabasearch.com should be shut down. Parties to an important lawsuit such as the one the McLeans are involved in shouldn't have their addresses, public records and phone numbers posted publicly like this, easy for sickos wanting to spoil their holidays with unwelcome phone calls to find.
Posted by Myron Van Hassenback on November 22, 2007 07:56 AMMan, just saw this on boingboing.net and it is infuriating. I hate these people just on the basis of what I have read. This arrogancy is beyond comprehension, let alone the fecklessness of the "judge" who adjudicated over the matter. Can you imagine what these people must be like personally, to have stolen this couple's land out from under them?
If there's any consolation it is that:
1.) these two have been unmasked as the precious jerks they are for all the world to see and
2.) karmic payback is a bitch
Hope their few square meters of stolen sod was worth it...
Posted by Bud Keegan on November 22, 2007 12:39 AMThere are numerous terms to use in viewing the actions and attitudes of McLean and Stevens.
It’s hard to know where to start. Spoiled. Greedy. Cunning. Narcissistic. Devious. Arrogant. Pompous. Selfish. Self-indulgent. Repugnant.
Unfortunately, since they appear to have not broken any laws we cannot call their actions criminal. But they certainly are immoral and unethical.
I’d bet their egos allow them to sleep well.
Jay,
Is there ANY topic at all that you are able to discuss without politicizing it? Any at all??
I've been following this case, and it's appalling. For those who don't know, here are a few more interesting facts on the case:
1. McLean admits to knowingly using the property without permission when it belonged to someone else, to include having parties. Further, he admits to modifying the property, such as placing a woodshed on it.
2. Not only does McLean files to force the Kirlins to give them the land; worse yet, he has the cojones to request that the couple also pay his court and filing fees!
3. The Kirlins had been discussing with a friend how they had finally gotten plans drawn up to build their dream home, when they hear rumors about the McLeans. So they get a permit and begin building a fence on their property. Yet miraculously they are served with a restraining order within just a few hours! [And we aren’t supposed to believe this former judge used his connections? How was it done so quickly and what was the basis?]
4. Last month, they are ordered to sign over the title to 34% of their land; just enough to prevent them from having a buildable lot, and keep from blocking the judge's view of the mountains.
This is appalling. Here are a few questions for the judge who ruled in favor of McLean:
1. Why should McLean and his wife be able to say they are more “attached” to the land vs the Kirlins whose dream it is a part of?
2. Why did McLean decide on this course of action AFTER the Kirlins drew up house plans? [My opinion is because their view of the mountains was going to get blocked.]
3. What happened to purchasing land as an investment? So, in your ruling, are you implying that if you buy land now, you have to build on it to keep it? It seems like the Kirlins are being punished for having the foresight to buying the land years ago, even though they couldn’t afford then to build the house.
4. Why should the Kirlins have to pay the court fees for McLean, in the original filing? This would only make sense in subsequent appeals by the Kirlins.
5. Do you know McLean? If so, why didn’t you recluse yourself from this case?
6. Why are your rewarding McLean and his wife for trespassing and modification, rather than prosecuting them for it?
7. Why aren’t you charging McLean for both rent and restitution given they admit to willfully using and modifying someone else’s property?
8. If ruling in favor of McLean, is he going to pay the Kirlins back all the taxes they paid during the years he admits to using their property?
Rather than rewarding McLean and his wife for being greedy land-grabbers and manipulating the law for personal gain at someone else's expense, this is what I think needs to be done:
1. This law needs to be repealed.
2. Both the judge who issued the restraining order and the one who ordered the couple to sign over the title need to be investigated; if they knew McLean, why didn’t they recluse themselves? Also, the grounds and procedures for the emergency restraining order need to be investigated as well.
3. The order to transfer title needs to be revoked.
4. McLean should pay the Kirlins’ court fees, as well as mental anguish/suffering.
5. McLean needs to be prosecuted for trespassing.
6. McLean needs to pay back rent to the Kirlins for using their property without their consent.
7. McLean needs to pay restitution to the Kirlins for modifying their property without their consent.
8. McLean and his wife, being both lawyers, need to have the license reviewed by the lawyer license board for ethical reasons. Personally, I believe they need to be disbarred for their unethical conduct in abusing the law and their expertise for personal gain.
Don't criticize Boulder until we've had our chance to throw this Republican-appointed activist judge out of office. "Liberal" Boulder had no say in the appointment of Judge James C. Klein. Instead, it was our former governor, Bill Owens, a "conservative" Republican, who we can thank for that. Judge Klein, who was appointed by Bill Owens in 2005, will stand for retention in the 2008 election.
Posted by Vote NO on Klein in 2008 on November 20, 2007 09:19 PMWell, every day some new details of the testimony creep out. Seems McLean and Stevens have several claims of "use" of the land:
- cutting across it to their back door. Sorry, not a continuous and exclusive use, as required.
- cutting paths. Photos don't show them until after the lawsuit was filed.
- holding fundraising and other parties. Where are attendees to corroborate this?
- extending a garden. OK, if it's been extended for more than 18 years then give 'em that strip of land. No proof of how long it's been on the Kirlins' land.
- making a woodpile. Again, prove it's been there more than 18 years.
I find it very hard to believe that all thse uses have been going on for over 18 years and the Kirlins never heard of one of them.
Posted by David Hakala on November 20, 2007 06:26 PMThese two people are leeches, total scum.
The Law is a good thing - usually. Vermin like these two show us, however, that a person extremely knowledgable of the Law can use that expert knowledge to take advantage of those who are not legal experts.
I'd like to think that a Judge would be able to make an exception in a case like this - yes, the law says one thing but it's blatantly unfair in this case. Isn't that the function of a Judge?
Posted by Stone Cold on November 20, 2007 03:30 PMRepublicans just LOVE eminent domain.
Posted by on November 20, 2007 03:19 PMI just moved here from New York City to get out of the rat race and be around those who also love the mountains- but stories like this make me think that it is no better out here than back there. The "professional" couple stealing the land should be dis-barred from practicing law since they clearly can do no good with their education. Ditto for the judge who ruled. Can someone please take these people on?????????
Posted by on November 20, 2007 03:17 PMMclean and Stevens should have been arrested for trespassing.
I also heard Mclean hit someone with their car while driving away from their house during the protest.
He should also be arrested for assault with a deadly weapon.
I just moved here from New York City to get out of the rat race and be around those who also love the mountains- but stories like this make me think that it is no better out here than back there. The "professional" couple stealing the land should be dis-barred from practicing law since they clearly can do no good with their education. Ditto for the judge who ruled. Can someone please take these people on?????????
Posted by on November 20, 2007 03:13 PMWould it be possible to propose an ordinance in Boulder so that McLean and Stevens not only would be forced to return the land and reimburse the Kirlins for the legal hassel, but so that the two are also placed in stocks on the Pearl Street for 2-3 hours every day for a month to be embarrassed and ridiculed by their neighbors for such abhorrent un-neighborly behavior?
Posted by FreeToChoose on November 20, 2007 02:51 PMDemoralrats or Repugnants, what is the difference?
Posted by on November 20, 2007 08:36 AMAmerican Indian,
You sound like a racist. All people of all colors have done that sort of stuff since the begining of time. Even Native Americans like you are guilty.
The death penalty was enacted by the state of Colorado specifically with these 2 Boulder liberal cockroach lawyers in mind.
Posted by frankmitchell on November 19, 2007 03:35 PMshaggy, shaggy, shaggy, shaggy.....
You wonder why you have no credibility here. Over the last 7 years the Rubs have actively taken away from the middle class and given to the upper class. Give us some sign that you understand that.
Posted by jay on November 19, 2007 02:57 PMIs it no surprise that the two Attorneys stealing this land are Demoralrats?
New FemDem motto:
When ya can't tax the working class anymore, just start taking from them.
Just as long as it is about me me me and my wants.
owo, depends on if you were in the upper class or not. Median real household incomes declined for 6 years under W....I can't imagine that those folks thought it was a great economy.
Posted by jay on November 19, 2007 02:26 PMEconomy was great in the 90's.
Posted by on November 19, 2007 02:23 PMWay to stay on topic there jay. So if you think there may be a recession coming, does that mean you admit there was a good economy? Cause most moonbats, like you, deny there ever was.
Posted by Oh Wise One on November 19, 2007 02:08 PMOwning Property in Boulder County, I can attest that Boulder County has gone beyond the law multiple times in their "mandate" to protect civilization from itself. Except, mind you, if you have enough money or political clout. Step on the lower classes but pump themselves up by doing it with a “purpose”. My few acres outside of Neatherland can not be built upon (because of first, overcrowding the mountains, then because it was old mining property and might be dangerous, then because it was next to "open space") BUT, suddenly three years ago, an entire housing development pops up on the acreage next to mine, owned by a wealthy Boulder Realtor. Funny, I still can not build because of county "zoning regulations" at this point.
Posted by Bill K on November 19, 2007 02:03 PMSeems to be right and proper, after all, the U.S. was created by stealing land.
In fact, the law (English common) comes from the most prolific thieves in all of recorded history.
Posted by American Indian on November 19, 2007 01:15 PMYea, I have been reading about it and is is ridiculous.
Also, 9:46, way to blame the wonderful city for the actions of a few. There was actually quite a large protest in-front of the McLean's yesterday... made up of BOULDERITES.
Everything gets magnified in Boulder, I am sure there are all kinds of property disputes in Colorado Springs that don't make the news.
Posted by benn on November 19, 2007 12:55 PMMust be a slow news day.
http://abcnews.go.com/International/wireStory?id=3884702
http://www.bloomberg.com/apps/news?pid=washingtonstory&sid=a8OB88_sjTvw
According to Kirlin the grab had nothing to do with use by McLean. Kirlin's property backs up to public land and has a great veiw of mountains to the west which McLean wants to preserve for himself.
McLean got enough of Kirlin's property so that it cannot be developed. No dream house and a worthless lot. Expect to see this decision reversed on appeal amendatory legislation introduced next session.
Posted by jim on November 19, 2007 11:24 AMI thought the doctrine of adverse possession required an open and notorious claim to another's land. The former judge and his lawyer wife appear to be acting subtly and discreetly. They are acting like common thieves and the judge who approved their theft should be removed from office. This is indefensible and exactly why Boulder gets ridiculed.
Posted by history buff on November 19, 2007 11:15 AMThe McLeans are just another example of why are country is doomed to social decline. Their shameful greed and power abuse is very typical of aristocratic sociopathic behavior yet they are considered examples of success by our society. The judge who approved the adverse possession should be removed from office and charged with collusion. Who would ever want these people living next door yet we continue to reward this type of personality with promotions to CEO positions and powerful political appointments. When are we ever going to learn that business and political acumen also requires charity and compassion, not the sociopathic greedy self interest currently displayed by our social elite. Oh well, Machiavelli wins again!
Posted by Michael J. Gesin on November 19, 2007 10:56 AMThis story, by various accounts, is overridden with local political connections. I can't wait to see it hit the appeals court level. The Kirlins claim that no footpaths appeared on the property until after the claim was filed. McLean and wifey claimed they held parties on the property but no evidence was introduced in court. I don't know where the district judge found enough evidence of "attachment" to justify his ruling.
The adverse possession doctrine is a threat to conservation trusts, too. Organizations that hold land with the intention of not developing it can be bushwhacked just as the Kirlins were. A whole new level of effort will be required to maintain title to such property, and it's going to cost a lot.
However, adverse possession can be tempered by legislation. Let's hope ours gets updated to prevent scams like this.
Posted by David Hakala on November 19, 2007 10:36 AMI continue to be shocked--and as a Boulder resident who continually sees evidence of "personal rights" and "freedom." Where are the Kirlin's rights, as the property owner--where is justice for them? I'm totally appalled.
Posted by Jan on November 19, 2007 10:33 AMShameful is what I would call the actions of McLean and his wife Edith Stevens. They are examples of all the reasons for bad jokes about lawyers. They are a disservice to their profession. They should be ashamed of themselves, and if they aren't, then they should be shunned, in the truest sense of the word.
I lived in Boulder County for 10 years and am not just another person venting about the Republic of Boulder. McLean and Stevens are pathetic thieves and have done a grave disservice to their community. Shame on them.
Posted by Ann Hoffman on November 19, 2007 10:11 AMYet another reason to avoid Boulder like the plague.
Posted by on November 19, 2007 09:46 AM
