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in exchange for Empire's maintaining the road. On information and belief, at the <br />time Moffat County agreed to let Empire take over the County's road as a haul <br />road, there was an understanding that unfettered access would be granted to <br />those landowners in the area (and their lessees) who needed to use the County's <br />road to access their lands, whether or not the County's road was part of a <br />particular landowner's historic access route to his lands. <br />60. The Barkers' lands are landlocked without the use of the Moffat <br />County road that Empire has been using as a haul road. <br />61. The Barkers' historic access route to their lands includes passage over <br />the Moffat County road that Empire has been using as a haul road. <br />62. Empire has physically barred the Barkers (and their lessees) from <br />accessing the Barkers' ]ands via the Moffat County road/Empire haul road (and, <br />thus, part of the Barkers' historic access route) by use of a locked gate(s). <br />63. Since at least July of 2003, Empire has refused to recognize the <br />Barkers' (and their lessees') right to use a portion of the Moffat County <br />road/Empire haul road to access the Barkers' lands. <br />64. A present controversy exists between the Barkers and Empire as to <br />the Barkers' (and their lessees') right to use the Moffat County road/Empire haul <br />road, which is also part of the Barkers' historic access route, as a means of <br />access to the Barkers' ]ands. <br />65. The Barkers (and their lessees) have a legally protected interest in <br />being able to use the historic access route to access the Barkers' lands. <br />9 <br />