Court of Appeals for the Tenth Circuit April 28, 1993, Nos. 92-1070, 92-1082 (Board of County Commissioners for Garfield County v. W.H.I., Inc.)

BARRETT, Senior Circuit Judge.

The Board of County Commissioners of Garfield County (County) commenced this action in the Garfield County District Court, State of Colorado, seeking declaratory and injunctive relief. At issue is a roadway, which the parties acknowledge is a public road as it reaches from New Castle, Colorado, to Highland Cemetery.