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Lobato v. Taylor

71 P.3d 938 (2002) (Sup.Ct. of Colo., en banc), cert. denied, 540 U.S. 1073 (2003)

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Lobato v. Taylor

Colorado Supreme Court

71 P.3d 938 (2002) (Sup.Ct. of Colo., en banc), cert. denied, 540 U.S. 1073 (2003)

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Facts

After the Mexican American War, Charles Beaubien acquired a grant of about 1 million acres of land in what would become Colorado. In the 1850s, Beaubien recruited families to settle and live on the land as farmers. In 1863, Beaubien signed a grant (Beaubien Document) that granted the settlers rights of access and the “benefits of pastures, water, firewood and timber, always taking care that one does not injure another.” In 1960, Jack Taylor (defendant) bought a piece of the Beaubien land. Taylor’s deed stated that he acquired the tract subject to “claims of the local people by prescription or otherwise to right to pasture, wood, and lumber and so-called settlement rights in, to, and upon said land.” However, Taylor refused to allow local landowners (plaintiffs) access to the land. The plaintiffs brought suit, claiming they had easement rights to access the land. The Costilla County District Court found in favor of Taylor and the court of appeals affirmed. The plaintiffs appealed.

Rule of Law

Issue

Holding and Reasoning (Mullarkey, C.J.)

Concurrence/Dissent (Martinez, J.)

Dissent (Kourlis, J.)

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