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CITY OF BOULDER v. KAHN'S, INC.

No. 26931.

543 P.2d 711 (1975)

CITY OF BOULDER, Colorado, a Colorado Municipal Corporation, Petitioner-Appellee, v. KAHN'S, INC., a Colorado Corporation, et al., Respondents-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 12, 1976.

Attorney(s) appearing for the Case

Walter L. Wagenhals, City Atty., Richard D. Lynton, Asst. City Atty., Boulder, for petitioner-appellee.

Tracy, Thorvilson & Osgood, Russell K. Osgood, Boulder, for respondents-appellants.

GROVES, Justice.

This action was brought by the City of Boulder under the Public Mall Act of 1970 (section 31-25-401 et seq., C.R.S. 1973) and our eminent domain statute (sections 38-1-101 et seq., C.R.S. 1973). We affirm the summary judgment entered by the trial court.

The Public Mall Act of 1970 states its purposes as follows:

"[T]hat, in certain areas in cities and particularly in retail shopping areas thereof, there is need to separate...

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