State, Department of Natural Resources, Wildlife Commission v. Cyphers

Opinion by

Judge DAILEY.

Defendant, Daren Cyphers (landowner), appeals from an adverse judgment entered in an action brought by plaintiff, the Colorado Department of Natural Resources, Wildlife Commission, Division of Wildlife (DOW), to declare the existence of a public highway across landowner's property. We affirm.

Landowner owns property in a remote and rugged area of Garfield County near the Colorado-Utah border. Rock cliffs 300 to 400 feet high exist on the east and west sides of the property. Except for one other privately owned parcel, all the land to the north, west, and east of…