PERMFILE64532

• Permit No: M1999058
• IBM Index Class Name: Permit File
• Doc Name: CONFIDENTIALITY NOTICE
• Media Type: D
• Archive: No

06/25/1999 11:15 9706413061 GUNNISON COUNTY PAGE 05
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14. The Forest Service has elected not to maintain the trail because of alternative
routes in the area although from the testimony these routes would require doubling back
perhaps 2 to 3 miles to reach the quarry.
15. The prior owner testified to having erected a fence during a 4-year period
when dynamite was in use (1959 -1963).
16. There presently are 3 posts early on the trail beyond the current gate which
effectively preludes any motorized vehicle from traveling beyond that point. It is the
Court's impression from the deposition of Mr, Bush that those posts have been there for
a considerable time and are a safety check to prevent vehicular traffic given the
sloughing.
CONCLUSIONS OF LAW
1. The elements for granting a preliminary injunction are recited in Rath v
MacFarlane, 648 P.2d 648 (Colo. 1982}, as follows: ~
(1) a reasonable probability of success on the merits; (2) a danger of real,
immediate, and irreparable injury which may be prevented by Injunctive
relief; (3) that there Is no plain, speedy, end adequate remedy at law;
(4) that the granting of a preliminary injunction will not disServe the
public interest; (5) that the balance of equities favors the inJunction;
and (6) that the injunction will preserve the status quo pending a trial
on the merits.
2. Reasonable orobability of success. Under the Gourt's analysis, the County
has clearly established a reasonable probability of success on the merits pursuant to
C.R.S. § 43-2-201(1)(c). That statute reads in relevant part as follows:
43-2-201. Public highways. (1) The following are declared to be public
highways ... (c) All roads over private lands that have been
used adversely without interruption or objection on the part of
the owners of such lands for twenty consecutive years.
a