Legal Opinion

City of Boulder v. Farmer's Reservoir & Irrigation Co.

Colorado Court of Appeals

Decided May 28, 2009No. 08CA1062PublishedCited by 6 opinions

1Opinion of the Court

Opinion by

Judge GABRIEL.

The Farmers Reservoir and Irrigation Company (FRICO) appeals the district court's judgment entered following a bench trial authorizing the City of Boulder (Boulder) to construct an under-highway path spanning a portion of an irrigation ditch operated by FRICO, and ruling against FRICO on its counterclaims against Boulder and on its third-party complaint against the Colorado Department of Transportation (CDOT). We reverse that portion of the judgment allowing Boulder to construct the under-highway path and affirm in all other respects.

I. Background

FRICO is a mutual…

2Cases cited10 opinions

  1. I.M.A., Inc. v. Rocky Mountain Airways, Inc.Supreme Court of Colorado · 1986
  2. E-470 Public Highway Authority v. 455 Co.Supreme Court of Colorado · 2000
  3. Silverstreak, Inc. v. STATE DEPT. OF LABORWashington Supreme Court · 2007
  4. CLPF-Parkridge One, L.P. v. Harwell Investments, Inc.Supreme Court of Colorado · 2005
  5. Beacom Ex Rel. Seventeenth Judicial District v. Board of County CommissionersSupreme Court of Colorado · 1983

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3Cited by6 opinions

  1. Jorgensen v. Colorado Rural Properties, LLCColorado Court of Appeals · 2010
  2. In the Interest of Neher v. NeherColorado Court of Appeals · 2015
  3. James E. Koch v. J&J Ranch, LLC, a Wyoming Limited Liability CompanyWyoming Supreme Court · 2013
  4. Upper Platte & Beaver Canal Co. v. Riverview Commons General Improvement DistrictColorado Court of Appeals · 2010
  5. Rome v. HEI Res., Inc.Colorado Court of Appeals · 2014

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