PRECIOUS OFFER. MINERAL EXCHANGE, INC. v. McLAIN

No. 07CA1264.

194 P.3d 455 (2008)

PRECIOUS OFFERINGS MINERAL EXCHANGE, INC., Plaintiff-Appellant, v. David J. McLAIN and LaDonna J. McLain, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

August 7, 2008.


Attorney(s) appearing for the Case

Bratton Hill, LLC, L. Richard Bratton, Vicki L. Spencer, Gunnison, Colorado; Don H. Sherwood, Grand Lake, Colorado, for Plaintiff-Appellant.

Wilderson, O'Hayre, Dawson & Norris, P.C., Rufus O. Wilderson, Gunnison, Colorado, for Defendants-Appellees.


Opinion by Judge CRISWELL.*

In this dispute over the existence of an easement across real property owned by defendants, David J. McLain and LaDonna J. McLain, plaintiff, Precious Offerings Mineral Exchange, Inc., appeals the judgments entered against it. We affirm.

Plaintiff owns several unpatented mining claims located on Bureau of Land Management (BLM) land in Gunnison County. In the 1940s, the federal government, pursuant to...

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