The elusive behavior and reckless driving elements of the offense do not have to occur simultaneously. The evidence was sufficient to support the conviction. The judgment is affirmed. Martini v. Smith . In 1955, the strip was designated as a road and dedicated to public use.
Plaintiffs own parcels that abut the northern boundary of the road.
Defendant owns property south and west of the subdivision, also adjacent to the road. When Smith refused to stop running a road grader across the road, plaintiffs sought a judicial determination that they owned the road by virtue of the vacation and abandonment of the road, or through adverse possession. Defendant counterclaimed, asserting that he owned half the road under Colorado's vacation statutes, or by adverse possession. The trial court granted plaintiffs' motion for summary judgment, finding that the road had been vacated and ceased existence as a public road when Palmer Lake de-annexed the subdivision, and that plaintiffs therefore owned the road. The Court of Appeals reverses, holding that the trial court erroneously found that the road was vacated and ceased existence as a public road when Palmer Lake de-annexed the subdivision.