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MCINTYRE v. BOARD OF COUNTY COM'RS

No. 02SC803.

86 P.3d 402 (2004)

Kim McINTYRE and Steve McIntyre, Petitioners, v. BOARD OF COUNTY COMMISSIONERS, GUNNISON COUNTY, Colorado; Sierra Minerals Corp. and Omya Inc., Respondents.

Supreme Court of Colorado, En Banc.

March 15, 2004.

Attorney(s) appearing for the Case

Kim McIntyre, Steve McIntyre, Tempe, Arizona, Petitioners Appearing Pro Se.

David Baumgarten, Gunnison, Colorado, Attorney for Respondent.

Beth A. Dickhaus, Thomas J. Lyons, Denver, Colorado, Attorneys for Amicus Curiae, Colorado Counties, Inc.

Justice HOBBS delivered the opinion of the court.

We granted certiorari in this case to review the court of appeals decision in Board of County Comm'rs v. McIntyre, No. 01CA2408, 2002 WL 31112520 (Colo.App. Sept.19, 2002).1 The trial court ruled on summary judgment that Gunnison County had obtained a road by prescription across certain private lands pursuant to section 43-2-201(1)(c), 11 C.R.S. (2002). The court of appeals affirmed...

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