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BOARD OF COUNTY COM'RS OF GARFIELD CO. v. TENBROOK

No. 70-603.

491 P.2d 597 (1971)

BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, and the Department of Highways, State of Colorado, Petitioners-Appellants, v. Wesley TENBROOK et al., Respondents, Wesley Tenbrook and Frances Tenbrook, Respondents-Appellees.

Colorado Court of Appeals, Div. II.

November 30, 1971.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Joseph M. Montano, Chief Highway Counsel, Leonard Ripps, Asst. Atty. Gen., Denver, for petitioners-appellants, Dept. of Highways, State of Colorado.

Frank Delaney, Glenwood Springs, for respondents-appellees.

Not Selected for Official Publication.

PIERCE, Judge.

On August 29, 1967, appellants, hereinafter referred to collectively as the "Highway Department," filed a petition in condemnation to acquire by eminent domain a parcel of land, owned by appellees, Tenbrooks, to be used in the construction of a portion of Interstate 70 in Glenwood Springs, Colorado. The property sought to be condemned was part of a tract of land having its southern border along the Colorado...

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