CITY OF WESTMINSTER v. HART

No. 95CA0098.

928 P.2d 758 (1996)

CITY OF WESTMINSTER, a municipal corporation, Petitioner-Appellant, v. Cecil E. HART, Delbert J. McKee, and Helen Hill, in her official capacity as Treasurer of Adams County, Colorado, Respondents-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied May 2, 1996.

Certiorari Denied November 18, 1996.


Attorney(s) appearing for the Case

Martin R. McCullough, City Attorney, Victoria M. Bunsen, Assistant City Attorney, Westminster, for Petitioner-Appellant.

Duncan, Ostrander & Dingess, P.C., Donald M. Ostrander, J. Andrew Ausmus, Denver, for Respondents-Appellees.


Opinion by Judge NEY.

Petitioner, City of Westminster (city), appeals the trial court's denial of its motion for costs under Colo. Sess. Laws 1990, ch. 100, § 13-17-202(1)(a)(II) at 852 (now codified as § 13-17-202(1)(a)(II), C.R.S. (1995 Cum. Supp.)). We affirm.

In July 1993, acting under the statute then in effect, Colo. Sess. Laws 1984, ch. 263, § 38-1-101 at 972, the city, exercising its power of eminent domain, filed a petition in condemnation...

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