"The lake is eight hundred acres," he said. "Bodies of water that large are public by law. We had counsel explain it." David asked him to identify the law. Garrett repeated that his lawyers had done the research.
David asked again whether Mountain Vista possessed a deed to the specific parcel beneath the cabins. Garrett's expression hardened, and for the first time I got the feeling we had reached a point he had been hoping to avoid.
"We have permits," Garrett said. "We've been operating openly for two years. You can't turn up one afternoon and demand that a twelve-million-dollar development disappear." I told him construction on another person's land did not become lawful merely because it was expensive. He leaned back and said the association could pursue adverse possession. David calmly explained that two years of use was nowhere near the period ordinarily required under Colorado law and that the necessary facts were not established in any event.
Garrett's chair creaked as he leaned forward. "You want a legal fight?" he asked. "We have two hundred and forty homeowners, investment partners, and a firm that knows how to litigate. You'll spend years and a fortune arguing over a shoreline everybody else has been enjoying."
David was about to respond when I touched his forearm. I had come to find out whether Garrett knew he had a title problem. His answer, wrapped in threats, was clearer than any confession.
"I understand your position," I told him. "And I hope you'll think carefully about the fact that you haven't shown us a single document conveying my land to your association." Garrett gave a brief, unpleasant laugh. He said we could discuss compensation if I wanted to stop being unreasonable, but removal was off the table. When we stood to leave, he added that the resort wasn't going anywhere. I believed that he believed it.
In the parking lot, David looked at the clubhouse windows and shook his head. "We can file for an injunction," he said. "We can demand title records, stop additional construction, and seek removal and damages. The law gives you options." I asked how long the case might take. He did not answer immediately, which told me more than a quick estimate would have.
"The answer depends on how hard Garrett fights," David finally said. "And he just told us he intends to fight hard." I looked beyond the clubhouse toward the mountains. Somewhere on the other side of that ridge, 109 cabins were accepting reservations on land my grandfather had bought before Garrett was born. I knew we would have to go to court. But I also knew that every month of delay would let the resort collect another round of money from people who believed its ownership story.