O’Neals file appeal

    On Sept. 20, Rupert and Claire O’Neal filed an appeal with the Colorado Court of Appeals with regard to the lawsuit with the City of Holyoke.
    The lawsuit involves the City’s use of the drainage water pit on O’Neal land southeast of Cobblestone Inn & Suites on the south end of Holyoke.
    District Judge Douglas Vannoy, in Phillips County District Court, issued a summary judgment in favor of the City on June 21, 2016. He maintained the City’s counterclaim to quiet the title and to maintain and use the pit on the O’Neal property.
    When Vannoy retired June 30, 2016, Judge Charles Hobbs took over the case. On Sept. 1, 2016, he denied the O’Neal request for reconsideration of Vannoy’s summary judgment.
    On Dec. 20, 2016, Hobbs did grant a one-day evidentiary hearing on the quiet title decree with regard to the legal description of the pit property.
    After the Feb. 24, 2017, evidentiary hearing, Hobbs ruled with the City in defining the easement boundary for the pit area.
    The O’Neal appeal cites the judge’s order granting a summary judgment for the City on June 21, 2016; the order denying the O’Neals’ motion for reconsideration Sept. 1, 2016; the order establishing easement boundary July 18, 2017; and the order revising the quiet title decree Aug. 3, 2017.
    The City of Holyoke’s request for attorney fees and costs has not been decided by Judge Hobbs. In their appeal, the O’Neals reserved the right to appeal any adverse attorney fee findings.
    Seven other issues on appeal request a consideration for trial court errors.