Lewis v. State, Department of Revenue

Plaintiffs appeal from the order of the Fifth Judicial District Court, Jefferson County, granting defendants’ motion for summary judgment. We affirm the order of the District Court.

The issue on appeal is whether the District Court properly granted defendants’ motion for summary judgment.

Wade V. Lewis and Jessie T. Lewis granted to Azcon Corporation (Azcon), the exclusive rights to conduct mining exploration and removal and sale of all minerals from real property in the Elkhorn Mountains near Boulder. The agreement of the parties was contained in an “Operational Agreement” dated August 13,…