Legal Opinion
Haystack Ranch, LLC v. Fazzio
Supreme Court of Colorado
Decided April 10, 2000No. Nos. 99SA120, 99SA198PublishedCited by 22 opinions
1Opinion of the CourtJustice Martinez
Haystack Ranch, LLC appeals a decree of abandonment of water rights. Frank A. Fazzio, who initiated this action for a decree of abandonment, appeals from an award of attorney fees and costs assessed against him after the voluntary dismissal of his tort claim.
The water court found that Fazzio established a presumption of abandonment by showing significant periods of unexcused nonuse by the previous owners of the water rights. The water court then found that Haystack failed to rebut the presumption of abandonment by not presenting evidence demonstrating a lack of intent to abandon by the…
2Cases cited13 opinions
- American Water Development, Inc. v. City of AlamosaSupreme Court of Colorado · 1994
- Santa Fe Trail Ranches Property Owners Ass'n v. SimpsonSupreme Court of Colorado · 1999
- Francis X. McLaughlin v. Maxine CheshireCourt of Appeals for the D.C. Circuit · 1982
- Koch v. HankinsCourt of Appeals for the Ninth Circuit · 1993
- Knapp v. Colorado River Water Conservation DistrictSupreme Court of Colorado · 1955
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy DistrictSupreme Court of Colorado · 2005
- Crandall v. City & County of DenverSupreme Court of Colorado · 2010
- Colorado Citizens for Ethics in Government v. Committee for American DreamColorado Court of Appeals · 2008
- Huffman v. Westmoreland Coal Co.Colorado Court of Appeals · 2009
- School District No. 12 v. Security Life of Denver Insurance Co.Supreme Court of Colorado · 2008
17 more not listed; retrieve them via the Exa API.