CITY OF STERLING v. PLAINS INVESTMENT CO.

No. 71-491.

511 P.2d 512 (1973)

CITY OF STERLING, Colorado, and the State Department of Highways, Division of Highways, State of Colorado, Petitioners-Appellees, v. PLAINS INVESTMENT CO., a Colorado corporation, et al., Respondents, Montgomery Ward & Co., Incorporated, an Illinois corporation, Respondent-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 27, 1973.

Certiorari Granted July 2, 1973.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Joseph M. Montano, Leonard Ripps, Asst. Attys. Gen., Denver, for petitioners-appellees City of Sterling and the State Dept. of Highways, Div. of Highways.

Walberg & Pryor, John E. Walberg, Denver, for respondent-appellant Montgomery Ward & Co., Inc.


Selected for Official Publication.

PIERCE, Judge.

In October of 1970, the State Department of Highways and the City of Sterling (Petitioners) filed a petition in condemnation in the District Court of Logan County, Colorado, to acquire a parcel of land in the city for a highway right-of-way. The parcel of land sought to be condemned by this proceeding consists of a strip of land bordering a city street.

The owner of this land is a corporation, Plains...

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