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TOWN OF PARKER v. COLORADO DIV. OF PARKS

No. 92CA0494.

860 P.2d 584 (1993)

TOWN OF PARKER, a Colorado home rule municipal corporation; and The Parker Water and Sanitation District, a Colorado special district, Petitioners-Appellants, v. The COLORADO DIVISION OF PARKS AND OUTDOOR RECREATION; and The Colorado Department of Natural Resources, Respondents-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 8, 1993.

Certiorari Denied November 1, 1993.

Attorney(s) appearing for the Case

Hayes, Phillips & Maloney, P.C., John E. Hayes, James S. Maloney, Faegre & Benson, Joseph M. Montano, Leslie A. Fields, Denver, Krassa, Lindholm, Kumli & Madsen, Robert F.T. Krassa, Karl F. Kumli, III, Boulder, for petitioners-appellants.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Thomas W. Gibb, Sr. Asst. Atty. Gen., Cliff Seigneur, Peter A. Fahmy, Asst. Attys. Gen., Denver, for respondents-appellees.

Opinion by Judge HUME.

Petitioners, Town of Parker (Parker) and The Parker Water and Sanitation District (District), appeal the trial court's dismissal of their petition to condemn certain property owned by the respondents, The Colorado Division of Parks and Outdoor Recreation and The Colorado Department of Natural Resources. We affirm.

The petitioners filed their petition in condemnation requesting temporary possession of state lands to conduct test hole...

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