STATE DEPT. OF HIGHWAYS v. TOWN OF SILVERTHORNE

No. 84CA0416.

707 P.2d 1017 (1985)

STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, State of Colorado, Petitioner-Appellant, v. TOWN OF SILVERTHORNE, a Colorado municipal corporation, Virgil M. Cox, and Linda M. Rhea, as Treasurer of Summit County, Respondents-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 30, 1985.

Certiorari Granted October 21, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Donald M. Ostrander, Asst. Atty. Gen., Denver, for petitioner-appellant.

Myron A. Clark, Denver, for respondent-appellee Town of Silverthorne.

Opperman & Associates, P.C., Marlin D. Opperman, Denver, for respondent-appellee Virgil M. Cox.


KELLY, Judge.

In this condemnation proceeding, petitioner, Colorado Department of Highways, appeals the judgment entered on an award of $150,000 made by a commission of freeholders. The Department argues that the trial court erred in refusing to find that the property had been dedicated to public use, in refusing to allow evidence of ownership at the valuation hearing, and in allowing evidence of both after sales and sales with business zoning to prove market value...

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