Telluride Co. v. Varley

Opinion by

Judge ROY.

Plaintiff, The Telluride Company, appeals the dismissal of its complaint against defendant, Michael Varley, d/b/a Skunk Creek Development Company, for lack of subject matter jurisdiction pursuant to C.R.C.P. 12(b)(1). We reverse.

In July 1984, plaintiff obtained a Term Special Use Permit (Permit) from the United States Department of Agriculture, Forest Service, (USFS) pursuant to 16 U.S.C. § 497 (1994). The Permit granted plaintiff the use and occupancy of eighty acres of National Forest land for a period of 30 years for the purpose of constructing, operating, and…