VIVIAN v. BOARD OF TRUSTEES OF COLO. SCHOOL OF MINES

No. 20170.

383 P.2d 801 (1963)

John C. VIVIAN, Chauncey H. Vivian, Otto J. Baltes, Myrtle F. Baltes, Plaintiffs in Error, v. The BOARD OF TRUSTEES OF COLORADO SCHOOL OF MINES, Defendant in Error.

Supreme Court of Colorado. En Banc.

July 22, 1963.


Attorney(s) appearing for the Case

Vivian, Sherman & Kinney, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., John P. Holloway, Asst. Atty. Gen., Joseph M. Montano, Asst. Atty. Gen., Denver, for defendant in error.


MOORE, Justice.

We will refer to plaintiffs in error as the respondents or by name, and to defendant in error as the Board or petitioner.

The action was commenced by the Board under the provisions of chapter 50, C.R.S. '53 (the eminent domain statute) for the purpose of acquiring a parcel of real property owned by the Vivians. It had been leased by them to Otto and Myrtle Baltes for a term not as yet expired.

The acquisition sought by the Board was...

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