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BOARD OF COUNTY COM'RS v. KOBOBEL

No. 01CA2450.

74 P.3d 401 (2002)

BOARD OF COUNTY COMMISSIONERS of the COUNTY OF MORGAN, State of Colorado, Plaintiff-Appellee, v. Elmer KOBOBEL and Mariam Kobobel, Defendants-Appellants, and Wade E. Castor, E. Todd Castor, Karen S. Kelley, and Riverview Cemetery Association, Defendants.

Colorado Court of Appeals, Div. I.

Certiorari Denied July 28, 2003.

Attorney(s) appearing for the Case

George N. Monsson, County Attorney, Fort Morgan, Colorado, for Plaintiff-Appellee.

Anderson and Chapin, P.C., Robert B. Chapin, Brush, Colorado, for Defendants-Appellants.

No Appearance for Defendants.

Opinion by Judge MARQUEZ.

Defendants, Elmer and Mariam Kobobel, appeal the summary judgment entered in favor of plaintiff, Board of County Commissioners of the County of Morgan, declaring a road along the northern boundary of Kobobels' property to be a public road. We reverse and remand for further proceedings.

According to the materials presented for summary judgment, Kobobels are the owners of Section 15, Township 4 North, Range 58 West of the 6th P.M.,...

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