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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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We are a small Town inc olorado. We have a resident who has

Customer Question

We are a small Town inc olorado. We have a resident who has attempted to fence off an alley which has been a public right of way for at least 68 years, contains several utility easements and is an emergency access for police fire and ems to the rear of approximately 22 properties.
We are trying to get an emergency immediate cease and desist order or injunction and have not been able to reach our attorney.
How can we get this process started on our own.
Submitted: 2 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is ***** ***** I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Unfortunately, there are no standard forms when it comes to filing a Petition for an Emergency Injunction with the local court and it would be beyond the scope of this website for any legal professional to attempt to guide customer through the entire legal process related to such Petition for Emergency Injunction, as it can be complex and legally challenging.
However, I can answer a legal question related to the situation you have described, if you have one for me?
Customer: replied 2 years ago.
As the alley has been shown as a public right of way on several maps over the last 100 years by what right does the Town have to lay claim to it. We were thinking adverse possession. Is this correct?
Expert:  Alex J. Esq. replied 2 years ago.

Thank you for your follow up.

Does the person who is trying to fence in the alley claim that it is on his property?

Is there alternative way to access the 20+properties which are currently being accessed by this alley?