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CLEAR CREEK SCH. DIST. RE-1 v. HOLMES

No. 80CA0561.

628 P.2d 154 (1981)

CLEAR CREEK SCHOOL DISTRICT RE-1, Petitioner-Appellant, v. Walter T. HOLMES, Muriel C. Holmes, Marilyn R. Sandifer, Donald E. Couch, Treasurer of the County of Jefferson, State of Colorado, and Nancy Flett, Public Trustee for Jefferson County, Colorado, Respondents-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 5, 1981.

Attorney(s) appearing for the Case

Broadhurst & Petrock, J. J. Petrock, Denver, for petitioner-appellant.

Bradley, Campbell & Carney, P. C., James J. Nolan, Golden, for respondents-appellees.

PIERCE, Judge.

Petitioner, Clear Creek School District RE-1, appeals the order of the trial court denying its petition in condemnation. We affirm.

Petitioner obtained a perpetual right-of-way from the State Board of Land Commissioners for public school purposes. Petitioner proposed to build a school on this property which is located outside of the Clear Creek School District in Jefferson County.

Since the most feasible access route to the proposed...

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