JACOBUCCI v. DISTRICT COURT IN & FOR CTY. OF JEFFERSON

No. 26751.

541 P.2d 667 (1975)

Victor L. JACOBUCCI et al., Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF JEFFERSON, State of Colorado, et al., Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing November 3, 1975.


Attorney(s) appearing for the Case

Hoffman, Goldstein, Armour & Lonnquist, Alan A. Armour, Denver, for petitioners.

Davis, Graham & Stubbs, John M. Sayre, Jon N. Halverson, Ellen Emerson Kohler, Denver, for respondents District Court and City of Thornton.

Akolt, Dick & Akolt, John P. Akolt, Robert A. Dick, John P. Akolt, III, Denver, for respondent, The Farmers Reservoir and Irrigation Co.

Saunders, Snyder, Ross & Dickson, P. C., William J. Kirven, III, Denver, for City of Westminster.

Gaunt, Dirrim & Coover, Lysle R. Dirrim, Brighton, Moses, Wittemyer & Harrison, P. C., Raphael J. Moses, Boulder, amicus curiae, Farmers' High Line Canal and Reservoir Company and The Lower Clear Creek Ditch Co.

Preston, Altman & Parlapiano, P. C., Leo S. Altman, Pueblo, amicus curiae, The Bessemer Irrigating Ditch Co.

Fischer & Beatty, William H. Brown, Ward H. Fischer, Fort Collins, amicus curiae, Consolidated Ditches Company of Water District # 2 and Cache la Poudre Water Users Assn.


ERICKSON, Justice.

On November 14, 1973, the City of Thornton instituted an action in eminent domain in the Jefferson County District Court against Farmers Reservoir and Irrigation Company, the City of Westminster, a shareholder in Farmers, the Treasurer of Jefferson County, the Treasurer of Boulder County, and other unknown persons claiming any interest in the proceeding. Farmers Reservoir and Irrigation Company (Farmers) is a mutual ditch company, organized pursuant...

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