Stephens v. Colorado Division of Wildlife

SMITH, Judge.

Defendant, Colorado Division of Wildlife (Division), appeals a judgment of the district court ordering it to pay plaintiffs, William A. Stephens, Kenneth Wilmore, and Two Rivers Investment Co., Ltd., for game damage to their tree nursery stock caused by browsing deer. The Division argues that the district court misconstrued “crops” in Colo. Sess. Laws 1979, ch. 320, § 33-3-104(l)(d) at 1216, to include nursery stock, that the court lacked jurisdiction to award damages for recurring harm, and that the court’s award of damages is unsupported by the evidence. We affirm.

*1125In June 1980,…