The Mountain. {An OMG update.}

Dear friends,

One year ago this week, I shared this about our mountain story:

Thus, as of August 17, 2012, our motion to reconsider and multiple responses were on the judge’s desk awaiting a ruling, for which he may take up to 63 days to respond. If the judge does not rule in that time frame, it is considered a denial of our motion to reconsider. If denied, O’Malley is prepared to file a motion to appeal with the appellate court.

So that’s it. My story has caught up with real time. Real time involves a lot of waiting. Waiting doesn’t make for a very interesting story.

Boy have we been waiting. There have been some other developments along the way, but nothing I’ve had the energy or interest to write about.

Whenever you have a long wait ahead of you, it’s easy to distract yourself in the early stages. But in recent weeks, as the clock has ticked toward a year since we filed our appeal with the appellate court, Mr. Mom has gotten antsy. I’ve felt his restlessness and his anxiety and it has distressed me. Earlier this summer I pretty much told him to cool his jets. “Who knows when that damn court will rule?” I snapped. “You might as well get used to waiting. And you better prepare yourself for the worst!”

The ruling came today.

It’s 14 pages long. It’s hard to read . . . so much convoluted legalease through most of it. But two sentences from page 6 are very clear:

(Mr. Mom and family) contends the trial court erred in granting summary judgment to the (Unfriendlys) and in failing to vacate the summary judgment. We agree.

Do you get it? The trial court erred. The appellate court agrees with us.

That’s a stunner to read over a Fuji Apple salad on your lunch hour. Then I read this on page 13.

Judgment reversed and case remanded for the trial court’s consideration of all elements of (our family’s) claim.

Explains why that woman with the Fuji Apple salad was crying in the corner at Panera, huh?

This story started in 2004. It didn’t end today, nine years later, but it sure took a turn for the better. For the rational.

The Unfriendlys have 41 days to appeal this court’s decision to the Colorado Supreme Court. Or they can settle with us and give us an easement. Or we can go back to district court for “consideration of all elements of our claim,” where — as the ruling points out — “the (Unfriendlys) bear the burden of proving the existence of a practical, reasonable, and cost-effective alternate route to (our family’s) property.”

We don’t know which way it will go, but we like our chances in all three scenarios.

And that’s the most optimistic thing I’ve said about the mountain in nine years.

Can I get an Amen?

With enormous gratitude {on a random Thursday in August},

Joan, who despite today’s optimism still expects the Unfriendlys to fight tooth and nail, unlike Mr. Mom who thinks they will settle, so you can place your bets here if you like, winner gets a quilt

PS: Mr. Mom, Parker and I celebrated today’s news with take-out Chinese. I didn’t particularly like any of our fortunes, but I saved all three as a memento of this day. When we are next able to set foot on our property, I’ll leave them as an offering at the Unfriendly’s gate.

PS #2: I know this post is a bit understated. The reversal of an unfavorable court ruling by a higher court, the removal of a financial judgment against us, and the path to a long-awaited easement are BIG DEALS. Yes, I shed a few tears, but there were no high fives and no champagne toasts. Instead, Mr. Mom and I went to bed early and tried to absorb the news. “Thank you for sticking by me all these years in my insane obsession,” he said quietly in the dark. It felt like the biggest I-love-you he ever offered.


  1. So thankful. Onward and upward to the mountain trail.

  2. Finally!!!!!!!!!! That’s amazing news!! I’m betting that they will settle. Either way, looking very good. A shimmer of light at the end of the tunnel. I want to be at the groundbreaking when you start building that cabin 🙂


    Wow, what a turn. I am happy for this good news in your long battle. I do not think they will settle as they seem to be angry, bitter people. Those types of people do not readily change unless some big life shake up occurred. For now I toss some confetti in celebration of this good news.


  4. I’m adding my confetti to Sizzle’s. I will never again eat a Panera Fuji apple salad without thinking of you crying over one. I think the Rockies are going to welcome you home with a road!

  5. Taking a little something for Maridel’s posting, now you need to celebrate with a little Rockie Road ice cream! Because, in the end, you will get your mountain road.

  6. When I saw the title in your post, I read further while holding my breath. Hope all goes well with the next judgment and three cheers for Mr. Mom’s unfailing dedication in staying with this unbelievably convoluted legal issue. I additionally hope the Unfriendly’s have either seen the error of their ways or are struck by lightning.

  7. WOWSER! ****Whee**** I’m guessing the Unfriendlies were dripping into their own apple salads over that ruling. I’m betting they’ll fight it to see if they can simply get you to give up and go away. But we all know – you don’t give up and won’t go away either one. My money is on you getting your road AND your ice cream AND your cabin in the sky. And here’s my sooner-rather-than-later vote on that! Amen and make it so!


  1. […] once the Appellate Court ruled in our favor in the previous court case, it meant we had successfully forced the Unfriendlys to defend multiple fronts simultaneously […]

  2. […] some point it became clear that following the Appellate Court’s ruling in our favor in August 2013 that the Unfriendlys had no intention of settling with us. Rebuffing Mr. Mom’s […]

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