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BOARD OF COUNTY COM'RS v. FLICKINGER

No. 81SA306.

687 P.2d 975 (1984)

The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF SAGUACHE, Plaintiff-Appellee, v. Donald FLICKINGER and Charles R. Flickinger, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

September 4, 1984.

Attorney(s) appearing for the Case

Robert S. Crites, Jr., Monte Vista, for plaintiff-appellee.

Woodrow, Roushar & Weaver, Gerald D. Weaver, Montrose, for defendants-appellants.

QUINN, Justice.

Donald and Charles Flickinger appeal from a district court judgment declaring a road traversing their property to be a public highway within the meaning of section 43-2-201(1)(c), 17 C.R.S. (1973), because the road had been adversely used by the public for twenty consecutive years. The Flickingers challenge the sufficiency of the evidence underlying the judgment and also claim that the court's application of section 43-2-201(1)(c) to the road in question...

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