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STEPHENS v. COLORADO DIV. OF WILDLIFE

No. 83CA0977.

712 P.2d 1124 (1985)

William A. STEPHENS, Kenneth Wilmore; and Two Rivers Investment Company, Ltd., a limited partnership, Plaintiffs-Appellees, v. COLORADO DIVISION OF WILDLIFE, State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied December 19, 1985.

Attorney(s) appearing for the Case

Holm & Christensen, P.C., Jon L. Holm, Steven A. Christensen, Mark P. Miller, Denver, for plaintiffs-appellees.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Lawrence A. DeClaire, First Asst. Atty. Gen., Denver, for defendant-appellant.

SMITH, Judge.

Defendant, Colorado Division of Wildlife (Division), appeals a judgment of the district court ordering it to pay plaintiffs, William A. Stephens, Kenneth Wilmore, and Two Rivers Investment Co., Ltd., for game damage to their tree nursery stock caused by browsing deer. The Division argues that the district court misconstrued "crops" in Colo. Sess. Laws 1979, ch. 320, § 33-3-104(1)(d) at 1216, to include nursery stock, that the court lacked jurisdiction...

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