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WEBSTER v. COLORADO DEPARTMENT OF REVENUE

No. 74-122.

530 P.2d 988 (1974)

Jack G. WEBSTER, Plaintiff-Appellant, v. The COLORADO DEPARTMENT OF REVENUE, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 3, 1974.

Attorney(s) appearing for the Case

Tinsley & Frantz, Mansur Tinsley, Lakewood, for plaintiff-appellant.

John P. Moore, Atty. Gen., Joseph M. Montano, Wayne B. Schroeder, Sp. Asst. Attys. Gen., Denver, for defendant-appellee.

VanCISE, Judge.

Asserting that the operation of a permanent port-of-entry near his property constituted a private nuisance, Webster brought an action for damages against the Department of Revenue. Webster appeals from dismissal of that action. We affirm.

In 1962, Webster purchased a hotel and restaurant fronting on U. S. Highway 6-40 west of Idaho Springs at Downeyville, Colorado. At the time he acquired the property, there was a mobile port-of-entry, operated...

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