BD. OF CTY. COM'RS v. E-470 PUBLIC HWY.

No. 93CA1292.

881 P.2d 412 (1994)

The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE, Colorado; John J. Nicholl, in his official capacity as County Commissioner of the County of Arapahoe; Jeannie Jolly, in her official capacity as County Commissioner of the County of Arapahoe; John J. Nicholl, a resident of the County of Arapahoe; and Jeannie Jolly, a resident of the County of Arapahoe, Plaintiffs-Appellants and Cross-Appellees, v. E-470 PUBLIC HIGHWAY AUTHORITY, a body corporate and political subdivision of the State of Colorado; Margaret N. Carpenter; Nadine Caldwell; Donald Hamstra; James R. Sullivan; Harold E. Kite; Greg Lopez; and Thomas R. Eggert, in their official capacities as Directors of the E-470 Public Highway Authority; and The State of Colorado, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. IV.

Rehearing Denied April 28, 1994.

Certiorari Granted October 11, 1994.


Attorney(s) appearing for the Case

Tallmadge, Wallace, Hahn, Smith & Walsh, P.C., David J. Hahn, John W. Smith, III, Edward J. Walsh, Cynthia A. Calkins, Denver, Susan Broyles, Sp. Counsel to Arapahoe County, Greenwood Village, for plaintiffs-appellants and cross-appellees.

Ankele, Icenogle, Norton & White, P.C., Charles E. Norton, T. Edward Icenogle, Holme, Roberts & Owen, Daniel S. Hoffman, Jeffrey A. Chase, Denver, for defendants-appellees and cross-appellants.


Opinion by Judge ROTHENBERG.

Plaintiffs, the Board of County Commissioners of Arapahoe County, John J. Nicholl, in his official capacity as County Commissioner of Arapahoe County and as a resident of Arapahoe County, and Jeannie Jolly, in her official capacity as County Commissioner of Arapahoe County and as a resident of Arapahoe County (Arapahoe County officials), appeal from the judgment of the trial court entered in favor of defendants, E-470 Public Highway Authority...

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