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DURANGO & SILVERTON NARROW GAUGE v. WOLF

Court of Appeals No. 12CA1632.

411 P.3d 793 (2013)

2013 COA 118

DURANGO & SILVERTON NARROW GAUGE RAILROAD COMPANY, a Colorado corporation, Plaintiff-Appellee, v. Timothy WOLF and Katherine Turner, Defendants-Appellants.

Colorado Court of Appeals, Division I.

Announced August 1, 2013.

Attorney(s) appearing for the Case

Jones & Keller, P.C., Edward T. Lyons, Jr. , Denver, Colorado; Frank J. Anesi , Durango, Colorado; Tracy J. Cross , Durango, Colorado for Plaintiff-Appellee.

Huff Water & Land Law, LLC, Amy N. Huff , Durango, Colorado, for Defendants-Appellants.

¶ 1 This dispute involves the extent to which a railroad can authorize a third party's incidental use of its continuously used railroad right-of-way as a non-exclusive easement for a public recreation trail.

¶ 2 Defendants Timothy Wolf and Katherine Turner (collectively Wolf) appeal the trial court's summary...

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