United States v. W.H.I., Inc.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

In this motion, Defendants W.H.I., Inc. and Michael and Virginia McGee (collectively “Defendants”), seek summary judgment on their affirmative defense that the New Castle Cemetery Road (the “Road”), the road at issue in this action was abandoned or vacated by action of the Garfield County Commissioners several decades ago. I deny the motion because this case is not suitable for summary treatment. Genuine issues of fact and disputed questions of intent require a trial. Nevertheless, I think a full discussion now will help limit the issues…