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From: CLMail [CLMail@fileandserve.lexisnexis.com]
Sent: - Tuesday, July 15, 2003 9:43 AM
To: PCourtlink
Subject: CourtLink eFile USMail Delivery for(CO)2151287_652578+17
Answer of
Defendant.pdf -
BOARD OF COUNTY COMMISSIONERS OF WELD - ..
915 Tenth Street
P. O. Box 758
Greeley, CO 80632
To: BOARD OF COUNTY COMMISSIONERS OF WELD
From: LexisNexis File & Serve
Subject: Service of Documents in BURCHFIELD, ELVERNA et al vs.
SEKICH
FARMS INC et al
You are being served documents that have been electronically filed in
BURCHFIELD, ELVERNA et al vs. SEKICH FARMS INC et al through LexisNexis
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& Serve. The details of this filing are listed below.
Court: CO Weld County District Court 19th JD
Case Name: BURCHFIELD, ELVERNA et al vs.
SEKICH
FARMS INC et al
Case Number: 2003CV558
Filing ID: 2151287
Document Title (s) :
Answer of Defendant Sekich Farms, Inc.
Authorized Date/Time: Jul 15 2003 11:42AM ET
Authorizing Attorney: Kenneth F Lind
Authorizing Attorney Firm: Lind Lawrence & Ottenhoff LLP
Served Parties:
Filing Party: SEKICH FARMS INC
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«Answer of Defendant .pdf»
1
(Omrnuu rciYTza.0 S 2003-1915
47- .23-0.3 Po'• 013, pc
®" LexisNexisi
CourtLink•
July 15, 2003
The documents enclosed are part of a case that is being electronically filed and
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DISTRICT COURT, WELD COUNTY,
COLORADO
Address: 9" Street&9'"Avenue
P.O. Box 2038
Greeley, CO 80632
-
Plaintiffs:
Elvema Burchfield, as Trustee of the Elvema
Burchfield Living Trust and Sherry Redmond
v.
Defendants: ACOURT USE ONLY A
Sekich Farms, Inc.,a Colorado corporation, and
all unknown persons who claim any interest in the
Southeast Quarter of Section 17, Township 3
North, Range 67 West of the 6th P.M.,Weld
County, Colorado.
Kenneth F. Lind, Esq.
Lind, Lawrence &Ottenhoff LLP Case No. 2003-CV-558
1011 111°Avenue
Greeley, CO 80631 Division No. 5
Telephone: (970) 353-2323
Fax: (970)356-1111
E-mail: ken@llolaw.com
Attorney Registration No. 7792
ANSWER OF DEFENDANT SEKICH FARMS, INC
COMES NOW the Defendant, Sekich Farms, Inc., by and through its attorneys,
Lind, Lawrence & Ottenhoff LLP by Kenneth F. Lind, and for its Answer to the Plaintiffs'
Complaint, as incorporated and fully set forth in Plaintiffs' Amended Verified Complaint,
states as follows:
ANSWER
1. As to Paragraph 1 of Plaintiffs'Amended Complaint, Defendant is without sufficient
information to admit or deny such claim, and so denies said claim.
2. Defendant admits Paragraphs 2, 3, and 4 of Plaintiffs' Amended Complaint.
3. As to Paragraph 5 of Plaintiffs' Amended Complaint, Defendant admits that the
Board of County Commissioners of Weld County is an indispensable party with an interest
in the subject property. As to the remaining assertions of Paragraph 5, Defendant is
without sufficient information to deny or admit such claim and so denies the same.
4. As to Paragraph 6 of the Amended Complaint, Defendant admits that Weld County
Road 17 bisects the Sekich Property, but denies that this bisection operates as the line of
separation between the Kurtz Ranch and the Sekich Property.
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5. As to Paragraph 7 of the Amended Complaint, Plaintiff is without sufficient
information to admit or deny said claim and so denies the same.
6. Plaintiff denies Paragraphs 8 and 9 of the Amended Complaint.
7. As to Paragraph 10 of the Amended Complaint; Plaintiff is without sufficient
information to admit or deny said claim and so denies the same.
8. As to Paragraph 11 of the Amended Complaint, Defendant admits that it does claim
an interest in the subject property and denies that said claims are without foundation or
right.
AFFIRMATIVE DEFENSES
1. Plaintiffs have failed to state a claim upon which relief can be granted.
2. Plaintiffs' claim fails because of the statute of frauds.
3. Plaintiffs' claim fails because of acquiescence.
4. Plaintiffs' claim fails because of license. _
5. Plaintiffs' claim fails because of estoppel.
6. Plaintiffs' claim fails because of waiver.
7. Plaintiffs claim fails because of custom and usage.
8. Plaintiff's claim fails because of abandonment.
WHEREFORE, Defendant, Sekich Farms, Inc. hereby requests that the Complaint
and Amended Complaint of the Plaintiffs be dismissed with prejudice and all attorney fees
and costs incurred by this Defendant be assessed against the Plaintiffs.
Respectfully submitted this 15th day of July, 2003.
LIND, LAWRENCE & OTTENHOFF, LLP
Kenneth F. Lind
Attorneys for Defendants
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E-FILED PURSUANT TO RULE 121. DULY SIGNED ORIGINAL ON FILE AT THE LAW OFFICES OF
LIND,LAWRENCE&OTTENHOFF LLP
CERTIFICATE OF SERVICE
I hereby certify that on the 15th day of July, 2003, a true and correct copy of the
Answer of Defendant Sekich Farms, Inc.was served via Justicelink and/or U.S. mail upon
the following:
Philip A. Goiran, Esq.
Grant& Grant LLP
436 Coffman Street, Suite 200
P.O. Box 908
Longmont, CO 80502-0908
Board of County Commissioners of Weld County
915 10th Street
Greeley, CO 80631
E-FILED PURSUANT TO RULE 121. DULY SIGNED ORIGINAL ON FILE AT THE LAW OFFICES OF
LIND,LAWRENCE&OTTENHOFF LLP
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