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f' <br />a ,T <br />i <br />Kate Pickford, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />June 9, 2009 <br />Page 2 <br />of an ouster of the other co-tenant from the property. Keith v. El-Kareh, 729 P.2d 377, 380 <br />(Colo. App. 1986). There has been no finding by a court of an ouster regarding either the <br />Canyon Property or the Home Property, nor has any claim of ouster been made in any court <br />action.' Anthony Zellitti, as a the owner of an undivided 75% interest in the parcel, therefore had <br />the right and continues to have the right to grant access on the properties. <br />If you have any questions or request any additional information, please do not hesitate to <br />contact me. <br />Sincerely, <br /> <br />R. Nicholas Palmer <br />Enclosures <br />cc: Anthony Zellitti <br />A. Michael Chapman (via e-mail) <br />Jeff Fugate (via e-mail) <br />'Barry Zellitti has also consented to the grant of access on the Home Property. See the <br />Affidavit of Barry Zellitti. Thus, there is no issue regarding the right of access on the Home <br />Property.