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STATE DEPT. OF HIGHWAYS v. COPPER MOUNTAIN

No. 79CA0282.

624 P.2d 936 (1981)

STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, State of Colorado, Petitioner-Appellant, v. COPPER MOUNTAIN, INC., a Delaware corporation, Copper Mountain Water and Sanitation District, Eugene H. Sanders, United Bank of Denver National Association, Western Slope Gas Company, Barbara J. Brennan, Walter E. Brennan, Public Service Company of Colorado, Earl Beeler, Marjorie C. Beeler, and Linda M. Rhea, as Treasurer and Public Trustee of Summit County, Respondents-Appellees.

Colorado Court of Appeals, Div. II.

February 19, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Thomas W. Gibb, Sp. Asst. Attys. Gen., Denver, for petitioner-appellant.

Holme Roberts & Owen, Donald C. McKinlay, Paul A. Jacobs, Julie H. Biggs, Denver, for respondents-appellees.

VAN CISE, Judge.

In connection with the construction of a portion of Interstate Highway 70 (I-70), the State Department of Highways (the department) commenced this action to condemn 27.571 acres of land owned by Copper Mountain, Inc. The department appeals from a judgment entered in the amount determined by a board of commissioners to be the value of the property actually taken and the damages to the residue, plus statutory interest. We affirm except for disallowing...

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