KRATZENSTEIN v. BD. OF CO. COM'RS

No. 83CA0223.

674 P.2d 1009 (1983)

Van KRATZENSTEIN and Diane Kratzenstein, Plaintiffs-Appellees, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF WELD, Colorado, and the County of Weld, Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

December 8, 1983.


Attorney(s) appearing for the Case

Dinner, Hellerich & Lazar, Thomas E. Hellerich, Greeley, for plaintiffs-appellees.

R. Russell Anson, Asst. County Atty., Greeley, for defendants-appellants.


TURSI, Judge.

Defendants, Weld County and its Board of County Commissioners (County), appeal the decision of the trial court awarding plaintiffs, Van and Diane Kratzenstein, $8,213 compensation in an inverse condemnation proceeding. The County contends that the injury complained of is not a "taking" within the meaning of the Colorado Constitution. It asserts that plaintiffs' claim is for negligently caused damages, but that...

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