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DELTA COUNTY BD. OF COM'RS v. SHERRILL

No. 86CA0735.

757 P.2d 1085 (1987)

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF DELTA, State of Colorado, Involuntary Plaintiff-Appellant, v. Clint SHERRILL and Jeanne L. Sherrill, Plaintiffs, v. Dale R. CERNUSAK, Katherine W. Cernusak, and Margaret S. Wellman, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 14, 1988.

Certiorari Denied July 5, 1988.

Attorney(s) appearing for the Case

Brooks & Brooks, John A. Brooks, Gary L. Swanson, Montrose, for involuntary plaintiff-appellant.

Brown and Brown, James D. Brown, Delta, for defendants-appellees.

CRISWELL, Judge.

The County Commissioners of Delta County (Commissioners) appeal from a summary judgment entered by the district court, quieting title in defendants to a certain claimed roadway. Because we conclude that the land is a part of a properly dedicated public right-of-way, we reverse.

In July 1977, defendants, proceeding in accordance with § 30-28-133, C.R.S. (1986 Repl.Vol. 12A), presented to the Commissioners a subdivision plat for "Brookdale...

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