Accusations that a former district judge fabricated evidence in a high-profile Boulder land dispute are unfounded and a last-ditch effort to keep the dispute alive, the attorney representing the judges and his wife charged in court documents filed Tuesday.
Kimberly Hult filed the document on behalf of Richard McLean and Edith Stevens as a response to a motion by Don Kirlin to set aside an October judgment that awarded McLean and Stevens about a third of a property owned by Kirlin. Hult asked that the motion be denied.
“Kirlin appears to have concluded that he had little chance of prevailing on appeal given the record that he made at trial,” Hult wrote. “His ‘new’ evidence is — at most — merely cumulative to the evidence already presented to and rejected by this Court.”
Kirlin’s motion included evidence not presented at the earlier trial that he says proves McLean lied about the existence of a dirt footpath, commonly referred to as “Edie’s Path.” Photos were included to show that the path was created after the trial began.
Kirlin and his wife, Susie, requested the judgment be overturned based on the new evidence.
Hult wrote that Kirlin apparently hoped “negative publicity” would affect the review of the case and give credibility to documents that could have been presented at the initial trial but weren’t.
The case drew attention to Colorado’s adverse-possession law, which allows a person to claim property if used for more than 18 years without being challenged.
Hult wrote that Kirlin’s motion shows that he failed to understand the adverse-possession ruling.
“It is not the visibility of the path that is legally significant but the visibility — or notice — of McLean’s use of that path,” she wrote.
The response included affidavits from friends and relatives of McLean and Stevens who attended parties and gained access to the disputed property via Edie’s path prior to 2006.
McLean and Stevens declined to comment on the response, stating the facts were before the judge to decide.
Don Kirlin was unable to be reached for comment. A message indicated that he was out of the country.
Jenel Stelton-Holtmeier: 303-954-1661 or jsteltonholtmeier@denverpost.com
