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TOWN OF GREENWOOD VILLAGE v. DISTRICT COURT

No. 18492.

332 P.2d 210 (1958)

The TOWN OF GREENWOOD VILLAGE, a Municipal Corporation, Petitioner, v. DISTRICT COURT OF FIRST JUDICIAL DISTRICT IN AND FOR the COUNTY of ARAPAHOE, State of Colorado; Honorable Martin P. Miller, Judge thereof; and John E. Fitzpatrick, Acting Judge thereof; Ruth Joss, Clerk of the District Court of the First Judicial District in and for the County of Arapahoe, State of Colorado; The Department of Highways, State of Colorado; and The Board of County Commissioners of the County of Arapahoe, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 15, 1958.

Attorney(s) appearing for the Case

Enos, Buchler & Buchler, Denver, for petitioner.

Duke W. Dunbar, Atty. Gen., John P. Holloway, Patricia H. Maloy, Asst. Attys. Gen., J. Sherman Brown, County Atty., Arapahoe County, Littleton, for respondents.

MOORE, Justice.

This is an original proceeding in the nature of certiorari. We will refer to the Town of Greenwood Village as the Town and to the respondents by name.

May 24, 1957, the Board of County Commissioners of Arapahoe county and the Department of Highways of the State of Colorado filed their petition in condemnation against numerous defendants, in which they alleged facts essential to the exercise of the power of eminent domain. The petition concluded...

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