Colorado Court of Appeals September 9, 1996, 94CA1319 (Gerrity Oil and Gas Corp. v. Magness)

Opinion by

Judge METZGER.

Defendant, Bob Magness, appeals the judgment entered, after a trial to the court, denying him relief on his counterclaims against plaintiff, Gerrity Oil and Gas Corporation (Gerrity). We reverse and remand for a new trial.

Magness owned the surface rights to a parcel of land in Weld County. He used his land for raising horses and for related agricultural purposes.