BIO

Joshua D. McMahon is a shareholder and founding member of Anderson Notarianni McMahon LLC practicing primarily in the areas of real estate and commercial litigation. Mr. McMahon's particular areas of experience include real estate title disputes, quiet title actions, easement disputes, boundary line disputes, road disputes, title insurance, environmental, natural resources, and appeals. Mr. McMahon has represented clients before the Colorado, State and Federal Courts and on appellate matters before the U.S. Court of Appeals for
the Tenth Circuit and the Colorado Court of Appeals. Mr. McMahon was selected to the 2015 Colorado Super Lawyers Rising Star list in real estate law.

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Education:

• University of Nebraska, Lincoln, Nebraska, J.D. 2005

• Northwest Missouri State University, Maryville, Missouri, B.S.ed, cum laude 2001

 

Admission to Practice:

• Colorado, 2005

• Nebraska, 2007

• U.S. District Court, District of Colorado

• U.S. Court of Appeals, Ninth Circuit & Tenth Circuit

 

Memberships and Professional Experience:

• Colorado Bar Association, Real Estate Section Council Member, Term Expiring 2026

• Colorado Bar Association, member of Real Estate, Environmental Law, Natural Resources and Energy, and Water Sections

• Denver Bar Association

 

Court Opinions:

• Resort Valley Ranch East Inc., v. Dorothy Bartoletti, Vincent Bartoletti, Jefferson County, Colorado, and Bradley Allen Sims, Case No. 2023CA1533 (Opinion announced July 3, 2024)

• Stone v. High Mountain Mining Company, LLC, 89 F.4th 1246 (10th Circuit 2024)

  • Stone v. High Mountain Mining Co. No. 22-1340. 1/3/2024 D.Colo. judge Tymkovich. Clean Water Act - Gold Mining - State Regulatory Scheme - County of Maui v. Hawaii Factors​

  • Colorado Mining Co. Wins 10th Cir. Appeal in Pollution Case

  • District Court Failed to Consider Maui Factors as to Mining Company's Groundwater Discharges, Tenth Circuit Holds

  • US court says more evidence needed in Colorado gold mine pollution case

• ​The High Lonesome Ranch, LLC, v. The Board of County Commissioners For the County of Garfield, 61 F.4th 1225 (10th Circuit 2023

  • Garfield County largely prevails in roads public-access case​

  • Disputed roads near DeBeque again open to the public

• San Juan Hut Systems, Inc. v. Board of County Commissioners of the County of Ouray, 529 P.3d 143, 2023 COA 10 (Colo. App. 2023)

  • Ouray County Attorney Public Memorandum RE: CR-5 Appeal, Request for Supreme Court Review​

  • Battle over road access heads back to court

• In re Cates, Case No. 18-1355, 2021 WL 4438141 (10th Cir. 2021)

• Snyder v. Acord Corporation, 811 Fed.Appx. 447 (10th Cir. 2020)

• Patten, et al. v. Estate of Boyace Holland, et al, Case No. 2017CA391 (Colo. App. Aug. 2, 2018)

• Fish ‘n Farm, Inc., et al. v. Martin Marietta Materials, Inc., et al., JAG Case No. 2016-1640A (Mar. 6, 2018)

• Stone v. High Mountain Mining Company, LLC, 2018 WL 1175039 (D. Colo. March 5, 2018)

• Monferrato, et al. v. D’Angelo, Case No. 2017CA214 (Colo. App. Dec. 7, 2017)

• Gurinsky v. Moore, Case No. 2016CA1191 (Colo. App. Oct. 12, 2017)

• Witt v. Snider, 2017 WL 2215252 (D. Colo. May 19, 2017)

• Monferrato v. D’Angelo, Case No. 2016CA1021 (Colo. App. Sept. 21, 2017)

• Brunton v. Arroyo, Case No. 2015CA1331 (Colo. App. Sept. 1, 2016)

• Town of Parker, et al. v. 19185 E. Lincoln Ave., LLC, Case No. 2014CA1905 (Colo. App. Aug. 25, 2016)

• Snyder v. Acord Corporation, 2016 WL 9735141 (D. Colo. July 6, 2016)

• Hamilton v. High Mountain Mining Company, LLC, 2015 WL 7068762 (D. Colo. Nov. 12, 2015)

• Patten, et al. v. Estate of Boyace Holland, et al., Case No. 2014CA806 (Colo. App. Aug. 27, 2015)

• Hamilton v. High Mountain Mining Company, LLC, 2015 WL 13730862 (D. Colo. July 29, 2015)

• Sandomire v. St. John, Case No. 2013CA959 (Colo. App. Aug. 7, 2014)

• Security Service Federal Credit Union v. First American Mortgage Funding, LLC, et al., 771 F.3d 1242 (10th Cir. 2014)

• Merage v. Wolfe, Case No. 2012CA2588 (Colo. App. Dec. 12, 2013)

• Zykronix, Inc. v. Advantech Co., Ltd, 2013 WL 5836236 (Colo. App. Oct. 31, 2013)

• Security Service Federal Credit Union v. First American Mortgage Funding, LLC, et al., 861 F.Supp.2d 1256 (D. Colo. March 21, 2012)

• United States v. Marvin M. Brandt Revocable Trust, 2008 WL 7185272 (D. Wyo. Apr. 8, 2008), reversed and remanded 572 U.S. 93 (2014)

• Cannon v. Gates, 538 F.3d 1328 (10th Cir. 2008)

• Moody, et al. v. Great Western Railway Co., et al., 536 F.3d 1158 (10th Cir. 2008)

• Walker v. U.S., 162 P.3d 882 (N.M. 2007)

• Greater Yellowstone Coalition v. Timchak, 2006 WL 3386731 (D. Idaho Nov. 21, 2006)

 

Publications and Presentations:

• "What's in the Pockets? The Importance of Chain of Title in Real Property Disputes." Co-author. Colorado Lawyer, April 2024.

• Road Issues Facing Counties, speaker and materials author, Colorado County Attorneys Association Winter Conference, November 19, 2021

• Quiet Title Actions: The Basics Plus Selected Advanced Topics, speaker and materials author CBA-CLE seminar, May 2016.

• “Officers and Directors Beware: CERCLA Liability.” Co-author. Colorado Bar Association Business Law Newsletter, May 2010.

 

Community Activities:

• Secretary, Belmar School of Integrated Arts PTA, 2020

• Member of Board of Directors, Responsible Recreation Foundation, 2010-2015.

• Officer, Member of Board of Directors, Sanderson Creek Homeowners’ Association, 2011-2016.

• Member of Board of Directors, Colorado Hazardous Waste Management Society, 2010-2011.

• While at Northwest Missouri State University, Mr. McMahon was a member of the cross country and track & field teams, where he was a member of the 1998 Great Lakes Regional Champion cross country team, and was named to the MIAA Academic Honor Roll six times.