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DEPARTMENT OF HIGHWAYS v. INTERMOUNTAIN TERM. CO.

No. 21887.

435 P.2d 391 (1967)

DEPARTMENT OF HIGHWAYS, State of Colorado, Plaintiff in Error, v. INTERMOUNTAIN TERMINAL COMPANY et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 15, 1968.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Joseph M. Montano, Asst. Atty. Gen., John P. Holloway, Chief Highway Counsel, Asst. Atty. Gen., Denver, for plaintiff in error.

Jones, Meiklejohn, Kehl & Lyons, T. Peter Craven, Denver, for defendants in error.

CLIFFORD H. DARROW, District Judge.*

The Department of Highways instituted eminent domain proceedings in the trial court in May 1963, to acquire 1.23 acres, known as Parcel No. 86, from a 6.38-acre tract of land as a right-of-way for a portion of Interstate 70 in the City and County of Denver. The owners of the tract were the defendants in error, Intermountain Terminal Company and Pacific Intermountain Express Co., being known collectively...

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