Denver & Rio Grande Western Railroad v. Winter Park Recreational Ass'n

BERMAN, Judge.

Plaintiff, Denver and Rio Grande Western Railroad Company (Rio Grande), appeals from a trial court judgment granting the motion to dismiss its first amended complaint sought by defendants, Winter Park Recreational Association, City and County of Denver, and Moffat Tunnel Improvement District and Commission. We affirm.

This appeal essentially concerns a dispute between Rio Grande and Winter Park regarding the use of a portion of the west approach to the Moffat Tunnel referred to as the “Evans Tract.” This parcel is owned in fee by the defendant District. Rio Grande contends on…