OTERO IRR. DIST. v. ENDERUD

No. 16398.

220 P.2d 862 (1950)

122 Colo. 136

OTERO IRR. DIST. v. ENDERUD et al.

Supreme Court of Colorado, en Banc.

June 26, 1950.


Attorney(s) appearing for the Case

Lawrence Thulemeyer, John R. Stewart, La Junta, for plaintiff in error.

McHendrie & Pointer, Pueblo, for defendants in error.


HOLLAND, Justice.

This is an action to condemn real estate under the eminent domain statutes. It is admitted that the petitioner has the power and authority to exercise the right of eminent domain, but denied that the right is here properly invoked or legally exercised.

Plaintiff in error, as petitioner, filed its petition in condemnation and contends that the action is brought under section 52, chapter 61, '35 C.S.A., as the applicable statute.

The...

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