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CITY OF COLORADO SPRINGS v. BERL, II

No. 81CA1286.

658 P.2d 280 (1982)

CITY OF COLORADO SPRINGS, Petitioner-Appellant, v. E. Enalls BERL, II, Thomas Waggaman, III, Burton I. Petri, Beth Petri, Haley Realty & Ins. Agency, Inc., Max Uhler, Mary Jo Smith, W.E. Davis, Faith David, Neville Bonis, K. Bonis, Charles Morrison, Christine Carey, Pete Montoya, Pinio Garcia, James Brooks, Inez Davis, and Sharon Shipley, Treasurer of El Paso County, Colorado, Respondents-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied November 26, 1982.

Attorney(s) appearing for the Case

Jackson L. Smith, James G. Colvin, II, Colorado Springs, for petitioner-appellant.

C. Lee Goodbar, Jr., Sari S. Escovitz, Colorado Springs, for respondents-appellees.

PIERCE, Judge.

In this condemnation of real property proceeding, petitioner, City of Colorado Springs (City), appeals the trial court's award of costs of suit under C.R.C.P. 54(d) to the respondents. The costs at issue concern the charges for appraisals of the real property. We affirm.

The City argues the trial court's order assessing costs of these appraisals against the City violates § 38-1-121, C.R.S.1973...

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