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CAMP BIRD COLO. v. BOARD OF COUNTY COM'RS

No. 08CA0852.

215 P.3d 1277 (2009)

CAMP BIRD COLORADO, INC., a Colorado corporation, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF OURAY, Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

July 23, 2009.

Attorney(s) appearing for the Case

Dufford & Brown, P.C., Christian D. Hammond, Joanne Herlihy, Denver, Colorado, for Plaintiff-Appellant.

Mary E. Deganhart, County Attorney, Ridgway, Colorado, for Defendant-Appellee.

Opinion by Judge ROY.

Camp Bird Colorado, Inc. (the mining company) appeals a judgment quieting title in the Board of County Commissioners of the County of Ouray (the county) to a public right-of-way (the road segment) traversing five mining claims owned by the mining company. The mining company maintains the road segment is private. We affirm but on grounds different from those relied upon by the trial court.

More specifically, because we conclude the public...

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