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TUTTLE v. COUNTY COM'RS OF GRAND COUNTY

No. 79CA0732.

613 P.2d 641 (1980)

Walter TUTTLE, Amos A. Sanchez, Norman Smith, Leo Wadsack and John F. Conger, Plaintiffs-Appellants, v. The COUNTY COMMISSIONERS OF GRAND COUNTY, State of Colorado, State Land Board of Land Commissioners and any unknown persons who claim interest in this action, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

May 29, 1980.

Attorney(s) appearing for the Case

William W. Morris, P. C., Commerce City, George L. Zoellner, Aurora, for plaintiffs-appellants.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Asst. Atty. Gen., Janet M. Clouse, Asst. Atty. Gen., Denver, for defendant-appellee Board of Land Commissioners.

Richard P. Doucette, Hot Sulphur Springs, for defendant-appellee Board of County Commissioners.

SMITH, Judge.

Plaintiffs appeal the summary judgment entered quieting title to a road in the state board of land commissioners (the board). We affirm.

In 1920, the board recorded a plat of the "State Columbine Subdivision" which divided a parcel of land into lots bordered by a thirty foot road. The land in question was "section 36" property which had been granted by the United States to the state of Colorado in trust, for support of the state school system...

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