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GYPSUM RANCH v. BD. OF CY. COM. OF GARFIELD

No. 08CA0399.

219 P.3d 365 (2009)

GYPSUM RANCH CO., LLC, a Colorado limited liability company, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF GARFIELD, State of Colorado, a quasi-municipal corporation, Defendant, and Antero Resources II Corporation, a Delaware corporation doing business in Colorado as Antero Resources Corporation, and Department of Transportation, State of Colorado, an agency of the State of Colorado, as successor in interest to the Colorado Department of Highways, Defendants-Appellees.

Colorado Court of Appeals, Div. VII.

April 16, 2009.

Attorney(s) appearing for the Case

Balcomb & Green, P.C., Scott Grosscup, Edward Mulhall, Jr., Glenwood Springs, Colorado, for Plaintiff-Appellant.

No Appearance for Defendant Board of County Commissioners of the County of Garfield.

Bjork Lindley Little PC, David R. Little, Denver, Colorado, for Defendant-Appellee Antero Resources II Corporation.

John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Larry D. Tannenbaum, Senior Assistant Attorney General, Eric Meyer, Assistant Attorney General, Denver, Colorado, for Defendant-Appellee Department of Transportation.

Opinion by Judge FURMAN.

In this case we are asked to decide who owns the oil and gas rights underlying a parcel of property that the Colorado Department of Highways (CDOH) condemned in 1975 to acquire right-of-way and access for a highway. Plaintiff, Gypsum Ranch Co. LLC (Gypsum Ranch), appeals the district court's summary judgment in favor of defendants, Antero Resources II Corporation (Antero), Colorado Department of Transportation, State of Colorado, and Board...

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