Disputed roads near De Beque again open to the public
A public road winds bends along a small creek near De Beque, Colorado.
For the second time in less than a year, the Tenth Circuit Court of Appeals has rejected High Lonesome Ranch’s effort to prevent public access to sections of the North Dry Fork and Middle Dry Fork roads near De Beque. The ranch had recently locked a gate within the boundary of its property prohibiting access to the public roads during its appeal to the court. “The ranch has not met its burden for a stay pending appeal,” the court ruled on Sept. 2, 2021. “Accordingly, we lift the temporary stay entered on August 20, 2021, deny the ranch’s renewed motion
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District court confirms Garfield County’s authority to regulate limestone quarry
The Garfield County Board of County Commissioners (BOCC) obtained a significant victory in its litigation against Rocky Mountain Industrials, Inc. and RMR Aggregates, Inc. (collectively, “RMI”). On January 31, 2021, in District Court in Garfield County, Ninth Judicial District Judge Anne Norrdin rejected legal claims made by RMI that the BOCC lacked the authority to regulate certain aspects of RMI’s Mid-Continent Quarry located outside of Glenwood Springs. In doing so, the court rebuffed RMI’s claims that state and federal law preempted the board’s authority. The court explained that the permissible exercise of land use authority by Garfield County is broad
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Disputed roads near DeBeque confirmed as public
A Colorado District Court judge has ruled in favor of Garfield County in a case that determined two roads passing through High Lonesome Ranch near DeBeque are public rights-of-way under Revised Statute (R.S.) 2477, which was enacted as part of the Mining Act of 1866 to encourage highway development in the west. The ranch had argued that the roads are privately owned. A section of North Dry Fork Road, also known as County Road 200, and Middle Dry Fork Road, which forks off the former, have existed in virtually the same routes since the late 1800s, according to the ruling
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