Board of County Commissioners v. Brierly
Supreme Court of Colorado
Appeal from the District Court of Boulder County. Hon. Christian A. Bennett, Judge. Action by John Brierly against the board of county commissioners of Boulder county. From a judgment for plaintiff, defendant appeals.
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Appeal from the District Court of Boulder County. Hon. Christian A. Bennett, Judge. Action by John Brierly against the board of county commissioners of Boulder county. From a judgment for plaintiff, defendant appeals. Appellee, as plaintiff, brought an action against appellant, as defendant, to prevent the duly constituted authorities from appropriating a strip of land which he claimed to own, and which the defendant contended was part of the public highway, known as Road No. 17. The trial resulted in a judgment for plaintiff, from which the defendant appeals. The record discloses that in…
1Opinion of the CourtJustice Gabbert
On this record it was contended by counsel for plaintiff, and the trial court held, that a public highway was not established, because it did not appear that the board accepted the report of the viewers, and declared the road embraced in their report and' survey a public highway. Assuming that it was essential for the record of the proceedings of the board to show that the report of the viewers was accepted, and the road in question as surveyed and designated by the viewers declared a public highway, the contention of counsel for plaintiff is not applicable to the facts. What a record…
2Cited by3 opinions
- City of Lakewood v. MavromatisSupreme Court of Colorado · 1991
- Missouri Pacific Railway Co. v. AtkinsonColorado Court of Appeals · 1913
- Missouri Pacific Railway Co. v. AtkinsonColorado Court of Appeals · 1913