RYE – An eccentric Southern Colorado landmark is being returned to its original owner and creator after nearly 6 months of controversy.
Bishop Castle has been the 46-year project of Pueblo resident Jim Bishop.
He built the 160-foot tall structure in the San Isabel National Forest, just outside of Rye, himself. And it remains unfinished today.
Jim had to abandon work on the castle in December of 2014 when he was diagnosed with a rare form of cancer, merkel cell carcinoma.
At that time, the family was approached by a frequent visitor to the roadside attraction: David Merrill.
They claim he tricked them into signing over the property by saying he would act as a trustee to help with paperwork while Jim was sick and in case anything happened to him.
Jim's daughter, Donita, told us Merrill claimed he would be there to maintain the castle's integrity during that difficult time.
But soon, he changed the name from "Bishop Castle" to "Castle Church for the Redemption of the Office" and began making plans for improvements to finish construction.
Donita also said he was posting online that he owned the castle, a surprise to the family who thought it had only been placed in a trust.
At the time, the Bishops told our partner's at KOAA they felt the castle was stolen from them.
Merrill said this was not the case, and he felt the family was aware of the transaction.
"I'm fully aware of their state of mind when they were doing this and [Jim's wife, Phoebe] was asking all the right questions that somebody about to transfer property was asking," Merrill, told KOAA in April.
He also said that he was simply attempting to implement Jim's dream by finishing the project.
However, the family took legal action.
They filed a lawsuit against Merrill for possible elder abuse back in April.
Monday, a judge ruled in favor of the Bishops and will be restoring the castle to the family's name.
Donita said she was in disbelief when she heard the ruling.
"I felt like it would never end, that it would never get to a judge and have a hearing…now my parents can focus on improving their health and moving on with their life," she told us.
According the castle's Facebook page, the title will be officially transferred next week.
Donita told us her brother Daniel will act as president of the board while their father focuses on his health.
The Bishop family is holding a meeting Friday in Colorado Springs to brainstorm ideas for fundraisers to pay off the legal fees associated with the lawsuit. It's taking place at the Pikes Peak Harley Davidson at 6 p.m. They also have set up a GoFundMe page.
(© 2015 KUSA)