BILLINGTON v. YUST

No. 88CA0828.

789 P.2d 196 (1989)

John BILLINGTON, Petitioner-Appellee, v. James E. YUST, Nancy I. Yust, My Ranch, a partnership; and Frank E. Yust, Respondents-Appellants.

Colorado Court of Appeals, Div. IV.

Rehearing Denied August 31, 1989.

Certiorari Denied March 5, 1990.


Attorney(s) appearing for the Case

Cockrell, Quinn & Creighton, Richard M. Foster and Todd A. Jansen, Denver, for petitioner-appellee.

Otten, Johnson, Robinson, Neff & Ragonetti, P.C., David W. Stark, Kenneth K. Skogg and Kristen Mix Myer, Denver, for respondents-appellants.


Opinion by Judge REED.

James E., Nancy I., and Frank E. Yust, together with My Ranch, a partnership, (Yusts) appeal the judgment of the district court which denied an award of attorney fees to them. We reverse.

This controversy arose out of a condemnation proceeding instituted in 1984 by John Billington seeking a way of necessity over the lands of the Yusts pursuant to Colo. Const. art. II, § 14, and § 38-1-102(3), C.R.S. (1982 Repl.Vol. 16A).

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