PERMFILE64532 - Laserfiche WebLink

Home Browse Search

,._ 06/25/1999 11:15 9706413061 GUNNISON COUNTY PAGE 07 • • , 6. Irreparable Iniurv. With respect to the' second element, real, immediate ~or irreparable injury, the Court is satisfied that the public's interest In preserving public rights~f-way and in particular with the centennial celebration for the Town of Marble in approximately one month, sufficient showing of irreparable injury has been established. 7. Inadequate Remedy at Law. With respect to the absence of a plain, speedy and adequate remedy at law, there is no serious dispute that if in fact there is a public right-of--way that Injunctive relief is appropriate rather than any possible remedy at law. 8. Pu lic Interest. The Court is persuaded that on balance the public interest is better served by preserving the public access. In any easement dispute there is a balancing of the respective rights of the parties. See Lazv Doa Ranch v. Tellurav Ranch ~orooration, 965 P.2d 1229 (Colo. 1998). 9. Balance of Equities. With respect to the balance of equities, while the Court rewgnlzes that Defendants purthased the property presumablyn the impression that there was not a public access, first they had utilized this right-of-way prior to purchasing the property, they allowed the public to access the property for the first couple of years of their ownership including undertaking commercial operations consistent with the right of public access. By the same token, the Court understands and empathizes with the safety, privacy and potential liability issues articulated by Defendants. On balance, however, the public right of access prevails, particularly under the facts here, access to a historic tourist attraction which has existed for at least 36 years 'rf not more than 60 years. 10. Status Quo. Preservation of the status quo is the final element, The Court is persuaded that with the exception of efforts by Defendants to lock the gate or posting of 6