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BOARD OF COUNTY COM'RS v. DPG FARMS, LLC

Court of Appeals No. 15CA1951.

487 P.3d 291 (2017)

2017 COA 83

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF WELD, a political subdivision of the State of Colorado, Petitioner-Appellee, v. DPG FARMS, LLC, Respondent-Appellant.

Colorado Court of Appeals, Div. II.

Announced June 15, 2017.

Attorney(s) appearing for the Case

Bruce Barker , County Attorney, Bob Choate , Assistant County Attorney, Greeley, Colorado; Hamre, Rodriguez, Ostrander & Dingess, P.C., Donald M. Ostrander , Joel M. Spector , Denver, Colorado, for Petitioner-Appellee.

Robinson Waters & O'Dorisio, P.C., Richard D. Judd , Brian A. Magoon , Jena R. Akin , Denver, Colorado, for Respondent-Appellant.

¶ 1 In this condemnation action, respondent, DPG Farms, LLC (DPG), appeals from a judgment entered on a jury verdict after a valuation trial. The issue on appeal concerns the proper method for determining compensation when the condemned property, and portions of the remainder, are capable of producing income.

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