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ZWICK v. SIMPSON

No. C-979.

572 P.2d 133 (1977)

Dwight ZWICK, d/b/a 3150 West Louisiana Partnership, d/b/a The Louisiana Purchase, Petitioner, v. N. E. SIMPSON, d/b/a Simpson Construction Company and/or Simpson & Epperson Construction Company, et al., Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 5, 1977.

Attorney(s) appearing for the Case

Donald L. Elmore, Lakewood, for petitioner.

Neef, Swanson & Myer, Allan B. Adams, Denver, for respondents.

PRINGLE, Chief Justice.

The plaintiff Zwick sought damages for injuries to his real property caused by the defendants' trespass. Zwick alleged that during the course of a construction project on an adjacent parcel of land, the defendants had uprooted trees and changed the drainage pattern of surface water.

The district court found that the defendants wrongfully destroyed one tree having a replacement cost of $1500...

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