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BOARD OF COUNTY COM'RS v. AUSLAENDER

No. 84CA0572.

710 P.2d 1180 (1985)

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF JEFFERSON, State of Colorado, Petitioner-Appellee, v. Fay AUSLAENDER and Bennett A. Auslaender, Respondents-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied September 12, 1985.

Certiorari Granted December 16, 1985.

Attorney(s) appearing for the Case

Patrick R. Mahan, County Atty., H. Lawrence Hoyt, Asst. County Atty., Golden, for petitioner-appellee.

Hill & Robbins, Ronald L. Wilcox, David W. Robbins, Denver, for respondent-appellant Fay Auslaender.

Berenbaum and Weinshienk, Marshall D. Brodsky, Denver, for respondent-appellant Bennett A. Auslaender.

PIERCE, Judge.

Fay and Bennett A. Auslaender, (Auslaender) respondents in a condemnation action brought by the Board of County Commissioners of the County of Jefferson (County), appeal from the trial court order denying recovery of attorney fees. We reverse.

On June 30, 1983, Jefferson County resolved to acquire the Auslaender property. That resolution stated that prior to institution of eminent domain proceedings, the Board of County Commissioners "desires...

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