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STATE DEPT. OF HIGHWAYS, ETC. v. DAVIS

No. 79SC147.

626 P.2d 661 (1981)

STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, State of Colorado, Petitioner-Appellant, v. Edward DAVIS and Gertrude R. Davis, Respondents-Appellees, Heritage Savings and Loan Association; Marie R. DeWitt and Lloyd C. DeWitt, Trustees, D. Kirk Tracy; and Geneva C. Mosher, as Treasurer and Public Trustee of Prowers County, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing April 27, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard J. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Vicki J. Fowler, Asst. Atty. Gen., Denver, for petitioner-appellant.

Andersen & Gehlhausen, P. C., John Gehlhausen, Lamar, for respondents-appellees.

No appearance for respondents.

ERICKSON, Justice.

We granted certiorari to review the court of appeals' decision in State Department of Highways v. Davis et al., 42 Colo.App. 250, 596 P.2d 400 (1979). We reverse and remand with directions for a new trial on the issue of damages to the remainder.

The State Department of Highways (petitioner) filed a petition to condemn a narrow strip of land owned by respondents to construct a service road for a freeway...

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