STATE DEPT. OF HIGHWAYS v. WOOLLEY

No. 82CA0285.

696 P.2d 828 (1984)

STATE DEPARTMENT OF HIGHWAYS, State of Colorado, Petitioner-Appellee, v. William Jon WOOLLEY; Dan Alden Woolley; W.H. Woolley and Co., a partnership; W.H. Woolley; Marion J. Woolley; Marlene Hiler; Gordon Hiler; and Donald E. Couch, as Treasurer of Jefferson County, Colorado, Respondents-Appellants.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing December 6, 1984.

Certiorari Denied February 25, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Thomas W. Gibb, Asst. Atty. Gen., Denver, for petitioner-appellee.

Opperman & Assoc., P.C., Marlin D. Opperman, William M. Schell, Denver, for respondents-appellants.


KELLY, Judge.

In this condemnation proceeding, the landowners appeal from the order of the trial court adopting the determination of the commission of freeholders valuing property condemned for the construction of a highway improvement. We affirm.

On July 12, 1980, the landowners executed a "Permanent Right of Entry" granting the State Department of Highways the right to enter the subject property to begin construction of the improvements during the pendency...

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