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SMITH v. CLIFTON SANITATION DISTRICT

No. 17920.

300 P.2d 548 (1956)

Phillip P. SMITH, Lillian E. Smith, Loyd Merriman, Carrie M. Merriman, O. L. White, George F. McIntosh, Anna McIntosh, Frank B. Bridel, Anton R. Chvilicek, Frances H. Chvilicek, Edna L. Harris, Dewey E. Harris, W. P. Dunston, Merie D. Motz, Anna Motz, Donald E. Shepard, Stella M. Shepard and Marguerite Motz, Plaintiffs in Error, v. CLIFTON SANITATION DISTRICT, a Governmental Subdivision and Body Corporate, Defendant in Error.

Supreme Court of Colorado, En Banc.

August 9, 1956.

Attorney(s) appearing for the Case

Adams, Heckman, Traylor & Ela, Ivan P. Kladder, Grand Junction, for plaintiffs in error.

Groves, Dufford & Turner, Grand Junction, for defendant in error.

KNAUSS, Justice.

In the exercise of its admitted power of eminent domain, defendant in error, herein referred to as "District" filed its petition in condemnation against Clyde A. Peterson, the owner of a certain tract of land embracing 21 acres, for the purpose of acquiring the same and to construct thereon a sanitary disposal system. This condemnation petition was filed October 29, 1955, after negotiations between the District and Peterson had failed to bring about...

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