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TELLURIDE CO. v. VARLEY

No. 95CA2075.

934 P.2d 888 (1997)

The TELLURIDE COMPANY, Plaintiff-Appellant, v. Michael VARLEY, d/b/a Skunk Creek Development Company, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

February 6, 1997.

Attorney(s) appearing for the Case

Coleman, Jouflas & Williams, LLC, Joseph B. Coleman, Gregory Jouflas, Grand Junction, for Plaintiff-Appellant.

Bendelow & Darling, P.C., Edward M. Bendelow, Jeffrey R. Bergstrom; George E. Reeves, Denver, for Defendant-Appellee.

Opinion by Judge ROY.

Plaintiff, The Telluride Company, appeals the dismissal of its complaint against defendant, Michael Varley, d/b/a Skunk Creek Development Company, for lack of subject matter jurisdiction pursuant to C.R.C.P. 12(b)(1). We reverse.

In July 1984, plaintiff obtained a Term Special Use Permit (Permit) from the United States Department of Agriculture, Forest Service, (USFS) pursuant to 16 U.S.C. § 497 (1994). The Permit granted plaintiff...

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