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The Marble Quarry Trail
(the path not taken)
McIntyre v. Board of County Com'rs, Gunnison County,
86 P.3d 402 (Colo. March 15, 2004).
Link to the Colorado Supreme Court Opinion |
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Is this a private or public trail?
In 2004, the Colorado Supreme Court
determined that the marble quarry trail
on private
land was not a public highway because Gunnison County took no action to
claim a public right to it, for example, by doing maintenance or placing
the footpath on its trail and road system. Therefore, although
many people may have used the trail in the past, the trail remains
private.
(please see 86 P.3d 402,
McIntyre v. Gunnison County, (Colo. 2004) |