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TROIANO v. COLORADO DEPARTMENT OF HIGHWAYS

No. 23596.

463 P.2d 448 (1969)

Susan D. TROIANO, individually and d/b/a Colonial Manor Motel, Plaintiff in Error, v. The COLORADO DEPARTMENT OF HIGHWAYS, the Colorado State Highway Commission, a body corporate; Charles Shumate, Colorado State Highway Engineer; and City and County of Denver, State of Colorado, a municipal corporation, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied and Dissenting Opinion January 26, 1970.

Attorney(s) appearing for the Case

Feder, Morris & Kortz, Harold A. Feder, Denver, Bradley, Campbell, Carney & Johnson, Golden, for plaintiff in error.

Max P. Zall, Earl T. Thrasher, Robert M. Kelly, for defendant in error City and County of Denver.

Duke W. Dunbar, Atty. Gen., Joseph M. Montano, Chief Highway Counsel, and George D. Dikeou, Asst. Attys. Gen., for defendants in error Colorado Department of Highways, Colorado State Highway Commission, Charles Shumate, Colorado State Highway Engineer.

DAY, Justice.

The plaintiff in error is the owner of the Colonial Manor Motel in Denver, Colorado. She was plaintiff in the trial court in an inverse condemnation proceeding commenced in August, 1966. Defendants were Colorado Department of Highways; Colorado State Highway Commission, a body corporate; Charles Shumate, Colorado State Engineer, and the City and County of Denver. The parties will be referred to by their positions in the trial court or by name.

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