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POUDRE SCHOOL DISTRICT R-1 v. STARK

No. 73-430.

536 P.2d 832 (1975)

POUDRE SCHOOL DISTRICT R-1, a body corporate, Petitioner-Appellee and Cross-Appellant, v. Lee A. STARK and G. D. McGarvey, Respondents-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 25, 1975.

Certiorari Granted July 7, 1975.

Attorney(s) appearing for the Case

Harden & Napheys, Ralph B. Harden, Charles S. Bloom, Fort Collins, for petitioner-appellee and cross-appellant.

Fischer, Wilmarth & Hasler, G. William Beardslee, Gene E. Fischer, Fort Collins, for respondents-appellants and cross-appellees.

Selected for Official Publication.

BERMAN, Judge.

This appeal arises from an eminent domain proceeding instituted by Poudre School District (District) to acquire approximately nine acres of undeveloped land located in the City of Fort Collins and owned by Stark and McGarvey (respondents). In a proceeding conducted before a commission pursuant to § 38-1-101 et seq., C.R.S.1973 (C.R.S.1963, 50-1-1 et seq.), the property taken was valued at $41,860, and...

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