Laserfiche WebLink
0_6/25/.1999 11:15 9706413061 GUNNISON COUNT4 <br />PAGE 02 <br />• • <br />DISTRICT COURT, GUNNISON COUNTY, COLORADO <br />Case No. 98 CV 51, Division 2 <br />ORDER <br />THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, <br />COLORADO, <br />Plaintiff, <br />v. <br />STF=1/E McIN7YRE and KIMBERLY MCINTYRE, and UNKNOWN PERSONS WHO <br />MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY KNOWN AS THE YULE <br />CREEK ACCESS RDAD, <br />Defendants. <br />This is an action commenced by the County in June 1998. A temporary <br />restraining order hearing was held on June 26, 1998. A tempPrary restraining order <br />issued directing that the barricade and obstruction to the 'Yule Creek Trail° be removed <br />and that there not be any interference with access by the public to the troll. Thereafter, <br />the case was removed to Federal Court. The case was remanded back to the District <br />Court in the spring of 1999, A motions hearing was held on June 4, 1999. The Motions <br />to Dismiss were denied. Another temporary restraining order issued requiring that the <br />gate not be locked and that no signs suggesting 'Keep Out" were allowed and a specific <br />sign confirming public access be posted on the gate. This matter came on for a <br />preliminary injunction hearing on June 21, 1999. Baumgarten appeared for Plaintiff and <br />Potter appeared for Defendants. After hearing the evidence and arguments, the Court <br />hereby finds, concludes and orders as follows: <br />