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HIGH LONESOME RANCH v. BD. OF COM'RS FOR GARFIELD

No. 21-1020.

61 F.4th 1225 (2023)

The HIGH LONESOME RANCH, LLC, Plaintiff/Counterclaim Defendant-Appellant, v. The BOARD OF COUNTY COMMISSIONERS FOR the COUNTY OF GARFIELD, Defendant/Counterclaimant/Cross-Claimant-Appellee, and United States of America, through its Agency, the Bureau of Land Management, a Division of the United States Department of Interior, Defendant/Cross-Claim Defendant-Appellee. Pacific Legal Foundation; Colorado Farm Bureau; New Mexico Habitat Conservation Initiative; Rocky Mountain Farmers Union; The Property and Environment Research Center; Utah Farmers Union; Western Landowners Alliance; Colorado Counties, Inc., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED March 6, 2023.

Attorney(s) appearing for the Case

Frederick R. Yarger ( Ryan W. Cooke with him on the briefs), of Wheeler Trigg O'Donnell LLP, Denver, Colorado, for Plaintiff-Appellant.

Geoffrey P. Anderson of Anderson Notarianni McMahon LLC, Denver, Colorado ( Joshua D. McMahon of Anderson Notarianni McMahon LLC, Denver, Colorado, and Tari L. Williams of Garfield County Attorney's Office, Glenwood Springs, Colorado, with him on the brief), for Defendant-Appellee.

Jeffrey W. McCoy of Pacific Legal Foundation, Sacramento, California, and Glenn E. Roper of Pacific Legal Foundation, Highlands Ranch, Colorado, filed an amicus brief for Pacific Legal Foundation and Colorado Farm Bureau.

Christopher O. Murray , Julian R. Ellis, Jr. , and Sean S. Cuff of Brownstein Hyatt Farber Schreck, LLP, Denver, Colorado, filed an amicus brief for Western Landowners Alliance, Rocky Mountain Farmers Union, Utah Farmers Center, and New Mexico Habitat Conservation Initiative.

Andrew D. Ringel of Hall & Evans LLC, Denver, Colorado, filed an amicus brief for Colorado Counties, Inc.

Before MATHESON, EBEL, and PHILLIPS, Circuit Judges.

We must resolve whether Garfield County, Colorado, has a right-of-way over two dirt roads within the county—North Dry Fork Road and Middle Dry Fork Road. The two roads run east to west across the property owned by the High Lonesome Ranch, a conservation and livestock ranch offering hunting and outdoor-recreation services...

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