Grynberg v. City of Northglenn

Colorado owned a severed mineral estate beneath land whose surface estate was separately owned by a private corporation; the State leased the mineral rights, including coal, to Grynberg (plaintiff), though the lease was never recorded. The City of Northglenn (defendant) wanted to conduct geophysical exploration on the property and obtained permission only from the surface owner, without knowing about or seeking Grynberg's unrecorded lease from the State. The City hired a drilling contractor and began work; Grynberg sued the City, the contractor, and the drilling company, but the trial court found his unrecorded lease ineffective against them under the recording act and granted summary judgment, which the court of appeals affirmed.