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Mark’s Clients Prevail in Claim for an Injunction Concerning an Equestrian Easement

On October 28, 2021, Arapahoe County District Judge Peter Michaelson denied a Motion for a Preliminary Injunction seeking to prohibit Mark’s clients for installing gates in an equestrian easement.  The Court accepted Mark’s argument that Colorado law does not prevent a the owner of a servient estate from putting unlocked gates in a non-exclusive easement and held that the Plaintiffs had not established a reasonable probability of success on the merits. The Court also accepted Mark’s argument that refusing to allow his clients to fence along the edge of the easement would deny them the protection Colorado law grants to landowners who fence their property to prevent cattle from escaping.

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