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CITY OF AURORA v. COMMERCE GROUP CORP.

No. 83CA1257.

694 P.2d 382 (1984)

CITY OF AURORA, Colorado, a Municipal corporation, Petitioner-Appellant, Cross-Appellee, v. COMMERCE GROUP CORP., a Delaware corporation; Edward A. Machulak; Sylvia Machulak; County of Park, acting By and Through its Board of Commissioners; Trophy Homes, Inc., a Wisconsin corporation; Houston Oil & Minerals Corporation, a Nevada corporation; General Lumber & Supply, Co., a Wisconsin corporation; Spinney Ranch Corp.; Spinney Enterprises a Partnership; and Beverly K. Walker, Treasurer and Public Trustee of the County of Park, Respondents-Appellees, Cross-Appellants.

Colorado Court of Appeals, Div. III.

December 6, 1984.

Attorney(s) appearing for the Case

Patrick E. Kowaleski, Charles H. Richardson, Aurora, for petitioner-appellant, cross-appellee.

Leland M. Coulter, Aurora, for Commerce Group Corp.

Spurgeon, Haney & Howbert, P.C., Gregory R. Piché, Colorado Springs, for respondent-appellee, Spinney Ranch Corp.

Holm & Christensen, P.C., Jon L. Holm, Steven A. Christensen, Denver, for amicus curiae, Colorado Cattlemen's Ass'n.

BABCOCK, Judge.

The City of Aurora (Aurora) appeals the dismissal of its petition to condemn extraterritorially approximately six miles of stream fishing rights over the property of respondents (landowners). The trial court dismissed the case finding no statutory authority for this condemnation proceeding. The trial court chose not to reach the issue whether the proposed condemnation was for a public purpose. Landowner Commerce Group Corporation (CGC) cross-appeals...

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