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BOLSER v. BOARD OF COM'RS OF GILPIN

No. 03CA0178.

100 P.3d 51 (2004)

Clark M. BOLSER, in his capacity as trustee for Eugene Mines, Inc., a dissolved Colorado corporation, and Eugene Mines, Inc., Plaintiffs-Appellants, v. BOARD OF COMMISSIONERS FOR the COUNTY OF GILPIN, State of Colorado, Anchor Coin, Inc., CCSC/Black Hawk, Inc., Colorado Department of Transportation, and Burton Materials, Inc., Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

August 12, 2004.

Attorney(s) appearing for the Case

Trauernicht, Evans & Kneisel, LLC, Ted W. Trauernicht, Jan Kneisel, Denver, Colorado, for Plaintiffs-Appellants.

Petrock & Fendel, PC, James J. Petrock, William L. Downey, Denver, Colorado, for Defendants-Appellees Board of Commissioners for the County of Gilpin, State of Colorado, Anchor Coin, Inc. and CCSC/Black Hawk, Inc.

Ken Salazar, Attorney General, Jennifer Lyn Mele, Assistant Attorney General, Denver, Colorado, for Defendant-Appellee Colorado Department of Transportation.

Opinion by Judge LOEB.

In this action to quiet title to property subject to right-of-way easements, plaintiffs, Eugene Mines, Inc. and Clark M. Bolser, as its trustee (together EMI), appeal the trial court's judgment in favor of defendants, the Board of County Commissioners for Gilpin County; Anchor Coin, Inc.; CCSC/ Black Hawk, Inc.; and the Colorado Department of Transportation. We affirm.

The parties proceeded to trial on stipulated facts and exhibits showing...

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