CITY OF AURORA v. CONGREGATION BETH MEDROSH HAG.

No. 18196.

345 P.2d 385 (1959)

CITY OF AURORA, a municipal corporation, Plaintiff in Error, v. CONGREGATION BETH MEDROSH HAGODOL, also known as Beth Medrosh Hagodol, a Colorado corporation not for profit, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 9, 1959.


Attorney(s) appearing for the Case

Leslie A. Gifford, Aurora, Fred M. Winner, Denver, for plaintiff in error.

Harold J. Spitzer, Donaldson, Hoffman & Goldstein, Denver, for defendant in error.


PER CURIAM.

The City of Aurora sought by condemnation proceedings to acquire rights-of-way for streets. The suit was resisted by the defendant in error, an incorporated religious society, whose property would be affected by the taking. It is claimed by the society that the land thus affected was at the time, and is, already devoted to a public use, viz., a public cemetery. Great reliance is placed upon the decision of the court in the case of Beth Medrosh Hagodol...

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