BOARD OF COUNTY COM'RS v. VAIL ASSOCIATES, LTD.

No. 23846.

468 P.2d 842 (1970)

BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, and the Department of Highways, State of Colorado, Plaintiffs in Error, v. VAIL ASSOCIATES, LTD., Western Federal Savings and Loan Association, Denver U.S. National Bank, H. A. D. Enterprises, Inc., Virgil H. Williams as Treasurer and Public Trustee of Eagle County, Defendants in Error.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 1, 1970.


Attorney(s) appearing for the Case

Gene K. Luby, Eagle, for plaintiff in error, Board of County Commissioners of Eagle County.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Joseph M. Montano, Asst. Atty. Gen., and Chief Highway Counsel, George D. Dikeou, Leonard Ripps, Asst. Attys. Gen., Denver, for plaintiff in error, The Dept. of Highways, State of Colorado.

Winner, Berge, Martin & Clark, Fred M. Winner, Denver, for defendant in error, Vail Associates, Ltd.

Clanahan, Tanner, Downing & Knowlton, Denver, for defendant in error, Western Federal Savings and Loan Association.

Davis, Graham and Stubbs, L. Richard Freese, Jr., Denver, for defendant in error, Denver U.S. National Bank.


LEE, Justice.

This writ of error is directed to an eminent domain proceeding in the District Court of Eagle County, Colorado. The Board of County Commissioners of Eagle County and the Department of Highways, State of Colorado, petitioned to acquire by the exercise of the power of eminent domain a strip of land containing approximately 129 acres owned by respondent Vail Associates, Ltd. We herein refer to petitioners as the "State" and to the respondent as "Vail."...

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