THE MILL v. STATE, DEPT. OF HEALTH

Nos. 87CA0502, 87CA0838 and 91CA0770.

868 P.2d 1099 (1993)

THE MILL, Plaintiff-Appellant, v. STATE of Colorado, DEPARTMENT OF HEALTH, Defendant-Appellee. THE MILL, Plaintiff-Appellee and Cross-Appellant, v. STATE of Colorado, DEPARTMENT OF HEALTH, Defendant-Appellant and Cross-Appellee. DEPARTMENT OF HEALTH, State of Colorado, Petitioner-Appellee, v. THE MILL, Respondent-Appellant.

Colorado Court of Appeals, Division II.

Rehearing Denied June 10, 1993.

Certiorari Granted March 7, 1994.


Attorney(s) appearing for the Case

Holley, Albertson & Polk, P.C., George Alan Holley, Eric E. Torgersen, Golden, for plaintiff-appellant, plaintiff-appellee and cross-appellant, and respondent-appellant.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Jerry W. Goad, First Asst. Atty. Gen., Denver, for defendant-appellee, defendant-appellant and cross-appellee, and petitioner-appellee.


Opinion by Judge SMITH**.

In an initial consolidated appeal (87CA0502, 87CA0838), The Mill, a partnership, appealed the trial court's dismissal of its claim in inverse condemnation against the Department of Health (State), and both parties appealed the trial court's award to The Mill of $200,000 in damages for what the court determined to be a temporary regulatory taking. In that appeal, we reinstated The Mill's inverse condemnation claim...

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