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KETTELKAMP, YOUNG &KETTELKAMP, P.C. <br />ATTORNEYS AT LAW <br />101 West 8th Street, Suite 540 <br />Puehlo, Colorado 81003 <br />W.C. KETTELKAMP, JR. <br />TUCK YOUNG <br />C TODD KETTELKAMP <br />Telephone: (719) 593-4321 <br />Facsimile: (719) 546-0936 <br />July 26, 2002 <br />Mr. Berlan Keffelew <br />Divisions of Mineral & Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />~iECE~VED <br />JUL ' :l 2002 <br />Givision of Minerals and Geology <br />RE: Walsenburg Sand & Gravel, Inc. <br />Application for Gravel Pit in Huerfano County <br />Permit No. MLRB-M-1978-283 <br />Dear Mr. Keffelew: <br />Mr. Vezzani, President of Walsenburg Sand & Gravel, Inc. has asked me as one of <br />his attorneys, to respond to the July 16"' letter of Michael Martin, an attorney <br />representing Paul Chacon. I along with Floyd Murr of Walsenburg am representing <br />Mr. Vezzani in the road dispute with Chacons. <br />Mr. Murr and I intend to file a Declaratory Judgment action in the Huerfano County <br />District Court to have the disputed roadway declared a public roadway under the <br />provisions of C.R. S. 43-2-201(1 }(c). <br />For your information the referenced statute provides as follows: "the following are <br />declared the be public highways: (c) all roads over private lands that have been used <br />adversely. without interruption or objection on the part of the owners of such lands <br />for twenty corsecutiwe years." <br />Mr. Vezzani has operated his business for more than forty (40) years with the public <br />using the subject roadway and access to and from his business throughout that <br />period of time without objection from the Chacons or their predecessors in title until <br />very recently. We believe the roadway unquestionably is a public road and will be <br />so declared as such by the Court. <br />Furthermore, a portion of the roadway has been similarly used by the City of <br />Walsenburg whose irrigation ditch runs through the Chacon property and requires <br />cleaning from time to time. <br />Permit #:A11 ^I q`~D ~R2 Confidental?: <br />Class: Type-Se <br />` To: I.~ <br />From <br />Doc. " A ~ <br />Doc. Date (if no date "stamp) <br />_~ <br />