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SHIVELY v. BOARD OF COUNTY COM'RS OF COUNTY OF EAGLE

No. 21054.

411 P.2d 782 (1966)

Kenneth SHIVELY, Raymond Bearden and Ellis Bearden, Plaintiffs in Error, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF EAGLE, Defendants in Error.

Supreme Court of Colorado, In Department.

March 7, 1966.

Attorney(s) appearing for the Case

Robert L. McDougal, Denver, for plaintiffs in error.

Eugene D. Lorig, Eagle, J. Fred Schneider, Ronald Lee Cooke, Denver, for defendants in error.

DAY, Justice.

This writ of error challenges the validity and correctness of a decree of the trial court which ruled that a rugged mountain trial or roadway through the property of the plaintiffs in error is a public road as defined in C.R.S.1963, 120-1-1. We will refer to them as defendants—as they appeared in the trial court—or by name; Eagle County will be referred to as the County, and the County Commissioners...

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