Wednesday, November 21, 2007


Property right wrongly taken
...Despite owning the land, despite living only 200 yards from the property, despite hiking past it every week with their three dogs, despite spraying for weeds and fixing fences, despite paying homeowner association dues and property taxes each year, someone else had taken a shine to it. Someone powerful.

Former Boulder District Judge, Boulder Mayor, RTD board member - among other elected positions - Richard McLean and his wife, attorney Edith Stevens, used an arcane common law called "adverse possession" to claim the land for their own.

All McLean needed was to develop an "attachment" to it.

Undoubtedly, his city connections couldn't have hurt, either.

In the court papers, McLean and his family admit to regularly trespassing on the Kirlins' property.

They created paths. They said they put on a political fundraiser and parties on it (though not a single photograph of these events surfaced in court documents).

This habit of trespassing developed into an affection.

If we take McLean at his word, he should have been treated appropriately: like a common criminal. Instead, the former judge demanded a chunk of the land for himself - and implausibly he got it.

How did the Kirlins learn this travesty was afoot? Susie Kirlin was warned about it at a Boulder High School football game. Be cautious, her neighbor warned, someone has designs on your property.

"I laughed when I first heard it. I really didn't know that anyone had an emotional attachment to our land," Kirlin tells me. "I was quite surprised. I was even more surprised that someone could claim our land. But my neighbor told me this was a well- connected person and I should take it seriously."

When the couple began building a fence on the land - which is within Boulder city limits, not out in the wilderness - McLean was able, according to the Kirlins, to obtain a restraining order in an exceptionally speedy 2 1/2 hours. ...