BOARD OF CTY COM'RS, ETC. v. McCLURE VENTURE

No. 77-935.

594 P.2d 585 (1979)

The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF GUNNISON, State of Colorado, and the State Department of Highways, Division of Highways, State of Colorado, Petitioners-Appellants, v. McCLURE VENTURE, a Limited Partnership, Richard O. Moore, General Partner, Dr. Donald M. Lowery, Thelma I. Lowery, and Goldie A. Brown, as Treasurer and Public Trustee of Gunnison County, Respondents-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 4, 1979.

Certiorari Denied May 7, 1979.


Attorney(s) appearing for the Case

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 petitioners-appellants.

Gorsuch, Kirgis, Campbell, Walker & Grover, Joseph M. Montano, Denver, for respondents-appellees.


STERNBERG, Judge.

The sole issue in this eminent domain proceeding is whether the failure of one of the commission of three freeholders to view the subject property vitiates the commission's ascertainment of value and the judgment entered thereon. We hold that it does not and therefore affirm the judgment.

McClure Venture owned property in Gunnison County. The condemnors needed part of that property to realign a state highway and therefore filed this proceeding...

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