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DEPT. OF HIGHWAYS v. INTERSTATE-DENVER

No. 89SC61.

791 P.2d 1119 (1990)

STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, Petitioner, v. INTERSTATE-DENVER WEST, a Colorado joint venture consisting of C. Gary Skartvedt, Thomas W. Anthony, Macy J. Price, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 11, 1990.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Thomas W. Gibb, Sp. Asst. Atty. Gen., and Harry Morrow, Asst. Atty. Gen., Denver, for petitioner.

Faegre & Benson, Joseph M. Montano and Leslie A. Fields, Denver, for respondents.

Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari to decide whether a landowner's right of access to property is substantially impaired as a matter of law when one of two access points to the public streets is taken by condemnation. The court of appeals held that there was substantial impairment as a matter of law. State Dep't of Highways v. Interstate-Denver West, 772 P.2d 649, 651 (Colo.1988). We...

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