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CLINGER v. HARTSHORN

No. 94CA1923.

911 P.2d 709 (1996)

David A. CLINGER, Trustee for the Clinger Trust, Plaintiff-Appellant, v. Dr. Denzel F. HARTSHORN and Huntsman Camp, Inc., d/b/a Rocky Mountain Safaris, a Colorado corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

January 25, 1996.

Attorney(s) appearing for the Case

Berryhill, Cage & North, P.C., James R. Cage, Patricia A. Thatcher, Denver, for Plaintiff-Appellant.

Hoskin, Farina, Aldrich & Kampf, P.C., Gregory K. Hoskin, Matthew G. Weber, Grand Junction, for Defendants-Appellees.

Opinion by Judge RULAND.

Plaintiff, David A. Clinger, appeals from a trial court order denying his request for a preliminary injunction against defendants, Denzel F. Hartshorn and Huntsman Camp, Inc. We affirm.

Plaintiff and Hartshorn own neighboring ranches. Hartshorn uses a roadway across plaintiff's ranch. In 1987, Hartshorn obtained a special use permit from the U.S. Forest Service allowing him to conduct commercial...

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