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BOARD OF DIR. OF BAKER MET. W. & S. DIST. v. CALVARESI

No. 20508.

397 P.2d 877 (1964)

BOARD OF DIRECTORS OF the BAKER METROPOLITAN WATER AND SANITATION DISTRICT, Plaintiff in Error, v. Archie CALVARESI, Virginia Calvaresi, Mary Pomponio, Antoinette Pomponio, Rose E. Pomponio and Clyde Pomponio, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied January 11, 1965.

Attorney(s) appearing for the Case

Tinsley, Alperstein & Frantz, Lakewood, for plaintiff in error.

Kelly O'Neall, Jr., Denver, for defendants in error Archie Calvaresi and Virginia Calvaresi.

George H. Lerg, Alex Stephen Keller, Denver, for defendant in error Mary Pomponio, Antoinette Pomponio, Rose E. Pomponio and Clyde Pomponio.

PRINGLE, Justice.

We will refer to the plaintiff in error as Baker, and to the defendants in error as the Pomponios and the Calvaresis.

The Pomponios and the Calvaresis own adjacent tracts of land in Adams County, Colorado. The Calvaresis' land, which is east of the Pomponios', includes a "panhandle" in the northwest corner, 45 feet wide and 200 feet long. At the time this controversy arose, the Pomponios' land was being mined for gravel under a lease to the...

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