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STATE v. ZAHOUREK

Nos. 94CA0418, 94CA0794.

935 P.2d 74 (1996)

STATE of Colorado, acting by and on Behalf of the University of Northern Colorado, Plaintiff-Appellant and Cross-Appellee, v. Jerry ZAHOUREK, individually and d/b/a Elkhorn Lodge; Associated Property Consultants, Inc.; Dean Graham individually and d/b/a Elkhorn Stables, Inc., Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 22, 1996.

Certiorari Granted April 14, 1997.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, William R. Thro, Assistant Attorney General, Robin R. Rossenfeld, Assistant Attorney General, Jack M. Wesoky, Assistant Attorney General, Denver, for Plaintiff-Appellant and Cross-Appellee

Clark S. Spalsbury, Jr., Estes Park, for Defendants-Appellees and Cross-Appellants

Opinion by Judge KAPELKE.

This is an action for damages and injunctive relief based on an alleged trespass. Plaintiff, the State of Colorado (the State), acting on behalf of the University of Northern Colorado (UNC), appeals from the trial court's denial of its request for a permanent injunction to prevent defendants, Jerry Zahourek, individually and d/b/a Elkhorn Lodge and Associated Property Consultants, Inc., and Dean Graham, individually and d/b/a Elkhorn Stables...

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