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PUBLIC SERVICE CO. OF COLORADO v. VAN WYK

No. 99SC783.

27 P.3d 377 (2001)

PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, Petitioner, v. Mark VAN WYK and Erica Van Wyk, on behalf of themselves and all others similarly situated, Respondents.

Supreme Court of Colorado, En Banc.

July 2, 2001.

Attorney(s) appearing for the Case

New Century Energies, Lisa A. Lett, Elzi Gurr & Forbes, Kathryn A. Elzi, Denver, CO, Attorneys for Petitioner.

Clanahan, Tanner, Downing & Knowlton, P.C., Anthony L. Leffert, Amanda C. Barry, Denver, CO, Attorneys for Respondents.

J. Wallace Wortham, Jr., City Attorney, Nicholas Pijoan, Assistant City Attorney, Holme Roberts & Owen, LLP, Patricia C. Tisdale, Richard F. Rodriguez, Denver, CO, Attorneys for Amicus Curiae the City and County of Denver.

Justice MARTINEZ delivered the opinion of the court.

This case presents the issue of whether the Colorado Public Utilities Commission's (PUC) approval of electrical line upgrades by the Public Service Company of Colorado (PSCo) precluded claims by adjacent property owners for inverse condemnation, tres-pass, and nuisance against PSCo based on those upgrades. This case also presents the issue of whether the class-action complaint, filed by Mark and Erica Van Wyk and...

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