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MAGNESS v. STATE BY DEPT. OF HIGHWAYS

No. 91CA1892.

844 P.2d 1304 (1992)

Kim MAGNESS, Plaintiff-Appellant, v. STATE of Colorado, acting By and Through the DEPARTMENT OF HIGHWAYS (STATE HIGHWAY COMMISSION), Defendant-Appellee.

Colorado Court of Appeals, Div. II.

December 3, 1992.

Attorney(s) appearing for the Case

Jack Levine, P.C., Jack Levine, Denver, for plaintiff-appellant.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Harry S. Morrow, Asst. Atty. Gen., Denver, for defendant-appellee.

Opinion by Judge RULAND.

Plaintiff, Kim Magness, appeals from the judgment of the district court upholding the determination of the Administrative Law Judge (ALJ) that the Department of Highways (Department) properly approved a limited access permit to plaintiff for Belleview Avenue. We affirm.

Plaintiff owns a large tract of land on the south side of Belleview Avenue in the City of Greenwood Village. Belleview was...

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