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DENVER & RIO GRANDE WESTERN R. CO. v. WINTER PARK

No. 83CA1179.

708 P.2d 1376 (1985)

DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, A Delaware corporation, doing business in Colorado, Plaintiff-Appellant, v. WINTER PARK RECREATIONAL ASSOCIATION, a Colorado non-profit organization; City and County of Denver, a municipal corporation of the State of Colorado; Moffat Tunnel Improvement District, a special district of the State of Colorado; Moffat Tunnel Commission, a special managing and controlling board of the Moffat Tunnel Improvement District of the State of Colorado; City and County of Denver, acting by and through its Board of Water Commissioners; First National Bank of Denver, N.A.; First National Bank of Denver, N.A., as Trustee for certain bond holders; Board of County Commissioners, County of Grand, State of Colorado, a body corporate and agency of the State of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 15, 1985.

Certiorari Denied November 18, 1985.

Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker & Grover, Joseph M. Montano, Leslie A. Fields, Vicki J. Fowler, Denver, for plaintiff-appellant.

Phelps, Hall, Singer & Dunn, Richard P. Hall, Stephen A. Hagen, Denver, for defendants-appellees Winter Park Recreational Assn. and City and County of Denver.

Holme Roberts & Owen, Robert A. Backus, Denver, Anthony J. DiCola, Hot Sulpher Springs, for defendant-appellee Board of County Commissioners, County of Grand, Colorado.

Charles W. Ennis, Neef, Swanson, Myer & Clark, Robert Swanson, Rendle Myer, Denver, for defendants-appellees Moffat Tunnel Improvement Dist. and Moffat Tunnel Comm.

No appearance for defendants-appellees First Nat. Bank of Denver, N.A. and First Nat. Bank of Denver, N.A., as Trustee for certain bond holders.

BERMAN, Judge.

Plaintiff, Denver and Rio Grande Western Railroad Company (Rio Grande), appeals from a trial court judgment granting the motion to dismiss its first amended complaint sought by defendants, Winter Park Recreational Association, City and County of Denver, and Moffat Tunnel Improvement District and Commission. We affirm.

This appeal essentially concerns a dispute between Rio Grande and Winter Park regarding the use of a portion of the west approach...

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