PLATTE RIVER POWER AUTHORITY v. NELSON

No. 86CA1817.

775 P.2d 82 (1989)

PLATTE RIVER POWER AUTHORITY, a public corporation and political subdivision of the State of Colorado, Petitioner-Appellant, v. David P. NELSON, Kent P. Nelson, Golden Gravel Company, a Colorado corporation, Nick Wimmershoff, Cathy Wimmershoff, Donald D. Kammerzell, Roseanne Kammerzell, Dale Herbert Klug, and Dale Herbert Klug, d/b/a Colorado Fertilizer & Landscaping, Respondents-Appellees.

Colorado Court of Appeals, Div. II.

May 4, 1989.


Attorney(s) appearing for the Case

Fischer, Brown, Huddleson & Gunn, Charles R. Huddleson, Ft. Collins, for petitioner-appellant.

Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, Martha C. Pickett, Denver, for respondents-appellees.


METZGER, Judge.

In this condemnation action, the petitioner, Platte River Power Authority, appeals the trial court judgment awarding attorney fees to respondents (landowners). Platte River argues that the dismissal of the condemnation action failed to constitute a finding pursuant to § 38-1-122, C.R.S. (1988 Cum.Supp.) that Platte River was "not authorized by law to acquire real property or interests therein sought in a condemnation proceeding." Hence, it asserts...

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