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CITY OF ENGLEWOOD v. REFFEL

No. 73-179.

522 P.2d 1241 (1974)

CITY OF ENGLEWOOD, Colorado, a municipal corporation, Petitioner-Appellee, v. John W. REFFEL et al., Respondents-Appellants.

Colorado Court of Appeals, Div. II.

May 21, 1974.

Attorney(s) appearing for the Case

Bernard V. Berardini, Englewood, for petitioner-appellee.

Hoffman, Goldstein, Armour & Lonnquist, P. C., Abe Hoffman, Alan A. Armour, Denver, for respondents-appellants.

Selected for Official Publication.

ENOCH, Judge.

The issue raised in this appeal is whether a landowner, who has withdrawn monies deposited by a condemning authority pursuant to an order for immediate possession, is required to refund the amount by which the withdrawal exceeds the final condemnation award.

In 1966 the City of Englewood, appellee, instituted condemnation proceedings against appellants, the owners of two parcels of land which were necessary...

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