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LAZY DOG RANCH v. TELLURAY RANCH CORP.

No. 94CA1508.

923 P.2d 313 (1996)

LAZY DOG RANCH, a New Jersey Partnership and Robert E. Grunow, Plaintiffs-Appellees, v. TELLURAY RANCH CORPORATION, a Colorado Corporation and Charles Ergen, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 21, 1996.

Certiorari Denied September 3, 1996.

Attorney(s) appearing for the Case

Tisdel, Hockersmith & Burns, P.C., Richard P. Tisdel, Robert B. Burns, Ouray, for Plaintiffs-Appellees.

Cashen & Cheney, Robert J. Thomas, Montrose, for Defendants-Appellants.

Opinion by Judge PLANK.

Defendants, Telluray Ranch Corporation and Charles Ergen, appeal the judgment entered by the trial court allowing the placement of cattle guards on a railroad grade road and granting to plaintiffs, Lazy Dog Ranch and Robert E. Grunow, an easement of 60 feet in width along the railroad grade road. We affirm.

Harry McClure previously owned approximately 8,000 acres of land called the Pleasant Valley Ranch. The southern two-thirds of the...

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