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STARK v. POUDRE SCHOOL DIST. R-1

No. C-699.

560 P.2d 77 (1977)

Lee A. STARK and G. D. McGarvey, Petitioners, v. POUDRE SCHOOL DISTRICT R-1, a body corporate, Respondent.

Supreme Court of Colorado, En Banc.

January 31, 1977.

Attorney(s) appearing for the Case

Fischer & Wilmarth, Gene E. Fischer, G. William Beardslee, Fort Collins, for petitioners.

Harden & Napheys, B. F. Napheys III, Ralph B. Harden, Fort Collins, for respondent.

ERICKSON, Justice.

We granted certiorari to review Poudre School District v. Stark, 35 Colo.App. 363, 536 P.2d 832 (1975). We reverse and remand with directions that the order be set aside and a redetermination made in light of the principles and directives articulated in this opinion.

In 1972, the Poudre School District commenced an eminent domain proceeding to acquire a nine...

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