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LIPSON v. COLO. STATE DEPT.

No. 78-635.

588 P.2d 390 (1978)

Raymond S. LIPSON and Irwin M. Suson, Plaintiffs-Appellants, v. COLORADO STATE DEPARTMENT OF HIGHWAYS, State Highway Commission, Edward Haase, not Individually but as Chief Engineer of the Highway Division of the State Department of Highways, Carroll Quelland, M. F. Carney, Patio Motel, a Colorado Corporation, d/b/a the Goblet Lounge, Pyne, Inc., a Colorado Corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

December 7, 1978.

Attorney(s) appearing for the Case

Berenbaum, Weinberger & Susman, Charles P. Leder, Denver, for plaintiffs-appellants.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Thomas W. Gibb, Special Asst. Atty. Gen., Denver, for defendants-appellees.

COYTE, Judge.

Plaintiffs appeal from a judgment of the trial court dismissing their complaint seeking damages for inverse condemnation. We affirm.

Plaintiffs filed a complaint in inverse condemnation alleging: (1) that the Colorado Department of Public Highways had determined that it would be necessary, desirable and to the best interest of the people if a portion of plaintiffs' property be taken for public use in the expansion of South Santa Fe Drive and...

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