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^ Small Claims ^ County Court ®District Court <br />^ Probate Court ^ Juvenile Court ^ Water Court <br />Las Animas County, State of Colorado <br />li <br />Court Address: 200 E. 1~' Street, Room 304 ~ ~'Oi i' <br />~'~ ~~ l.,~Rf`IVl~.~J ~ f <br />~ <br />(~ <br />'` <br />Trinidad CO 81082 .., <br />- ~ ~t~~`~ <br />' <br />Las A;~~,ma~ <br /> <br /> DEC 1 `` 202 <br />JIM TATUM and ANN TATUM, individuals, <br />t <br />A <br />Plaintiffs, , <br />JC~~ ~. ra~,P,C <br />v. Ciork o{ Court <br />BASIN RESOURCES, INC., a Colorado corporation, <br />Defendant. 4 COURT USE ONLY <br /> Case Number: 01CV26 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT <br />Appearances: Walton D. Morns, Jr., Esq. and James Tatum, Esq., for Plaintiffs <br />William A. Bianco, Esq., Scot W. Anderson, Esq., and Sisto J. <br />Mazza, Esq., for Defendant. <br />This Matter came on for a six day trial to the Court on the dates of <br />December 2-6 and 9, 2002. The Court heard sworn testimony of 19 witnesses and <br />received numerous exhibits into evidence. The Court also conducted a site visit. <br />Having heard testimony, reviewed the exhibits, and considered the briefs <br />and arguments of counsel, the Court enters the following Findings of Fact, <br />Conclusions of Law, and Judgment. <br />Findings of Fact <br />1. Plaintiffs own approximately 155-acres of land 20 miles west of <br />Trinidad, in Las Animas County, Colorado, upon which they <br />own and-maintain atwo-story adobe residence which was <br />constructed sometime between 1927 and 1930. The property <br />contains various out structures, including barns, corrals, fences <br />and bunkhouse. Tatums purchased the property in 1988 far one <br />hundred eighty thousand dollars. Tatums live in the two-story <br />adobe residence. The residence is an occupied residential <br />dwelling. <br />2. Tatums sued Defendant in 1992 on various causes of action <br />including subsidence damage to this same residence. Atrial to <br />the Court was held in April of 1997 and in a written Judgment <br />