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MONTGOMERY WARD & CO., INC. v. CITY OF STERLING

No. C-375.

523 P.2d 465 (1974)

MONTGOMERY WARD & CO., INCORPORATED, an Illinois corporation, Petitioner, v. CITY OF STERLING, Colorado and the State Department of Highways, Division of Highways, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

June 17, 1974.

Attorney(s) appearing for the Case

Walberg & Pryor, John E. Walberg, Denver, for petitioner.

John P. Moore, Atty. Gen., Joseph M. Montano, Chief Highway Counsel, Leonard Ripps, Sp. Asst. Atty. Gen., Denver, for respondents.

PRINGLE, Chief Justice.

Certiorari was granted to review the decision of the Court of Appeals in City of Sterling v. Plains Investment Co., Colo. App., 511 P.2d 512.

In October of 1970, the State Department of Highways and the City of Sterling filed a petition in condemnation to acquire a fee simple absolute in a thirty-five foot strip of land for a highway right-of-way. Plains Investment Company, who owned the subject property...

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