DENVER URBAN RENEWAL AUTHORITY v. POGZEBA

No. 75-760.

558 P.2d 442 (1976)

DENVER URBAN RENEWAL AUTHORITY, a Body Corporate and Politic of the State of Colorado, Petitioner-Appellant, v. Wolfgang POGZEBA, also known as Wolfgang H. Pogzeba, and John Pogzeba, et al., Respondents-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 26, 1976.

Certiorari Denied January 3, 1977.


Attorney(s) appearing for the Case

William G. Berge, David L. McCarl, Denver, for petitioner-appellant.

Holme, Roberts & Owen, John L. Kane, Jr., JoAnn Soker, Zarlengo, Zarlengo & Denison, Spencer T. Denison, Denver, for respondents-appellees.


STERNBERG, Judge.

The principal question in this appeal is whether evidence of reproduction cost of an old building, formerly, but no longer used for religious purposes, is a proper measure of market value in an eminent domain proceeding. The case was tried to a commission which permitted use of this standard. We conclude that, absent a reasonable expectation that the building would be replaced, evidence of replacement cost is not proper. Therefore we reverse.

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