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LAZY DOG RANCH v. TELLURAY RANCH CORP.

No. 97SC529.

965 P.2d 1229 (1998)

LAZY DOG RANCH, a New Jersey partnership, Petitioner, v. TELLURAY RANCH CORPORATION, a Colorado corporation; Charles Ergen; and Dan Levere, Respondents.

Supreme Court of Colorado.

As Modified on Denial of Rehearing October 19, 1998.

Attorney(s) appearing for the Case

Tisdel, Hockersmith & Burns, P.C., Robert B. Burns, Ouray, for Petitioner.

Cashen, Cheney & Thomas, Robert J. Thomas, Montrose, for Respondents.

Justice MARTINEZ delivered the Opinion of the Court.

The issue before us is the proper approach for determining whether a particular use of an expressly granted easement over land is permitted. We granted certiorari to decide whether the doctrine of collateral estoppel precludes a challenge to a particular use of an easement when the dimensions of the easement have been established by previous litigation.1 Because the size of the easement...

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