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CITY AND COUNTY OF DENVER v. SMITH

No. 20183.

381 P.2d 269 (1963)

CITY AND COUNTY OF DENVER (Acting by, through and for the Use of its BOARD OF WATER COMMISSIONERS), Plaintiff in Error, v. Hugh I. SMITH and Mary Etta Smith, Defendants in Error.

Supreme Court of Colorado. En Banc.

May 6, 1963.

Attorney(s) appearing for the Case

Glenn G. Saunders, Eugene P. Helfer, Denver, for plaintiff in error.

John B. Barnard, Jr., Denver, for defendant in error.

McWILLIAMS, Justice.

This is an eminent domain proceeding wherein the City and County of Denver, acting through and for the use of its Board of Water Commissioners, and hereinafter referred to as the petitioner, sought to condemn two parcels of land containing in the aggregate about 20.8 acres belonging to Hugh and Etta Smith, hereinafter referred to as the respondents, said land to be used in the "construction, operation and formation" by the petitioner of a dam...

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