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BEAR CREEK v. GENESEE FOUNDATION

No. 93CA1873.

919 P.2d 948 (1996)

BEAR CREEK DEVELOPMENT CORPORATION, a Colorado corporation, Petitioner-Appellee, v. The GENESEE FOUNDATION, a Colorado non-profit corporation, Respondent-Appellant.

Colorado Court of Appeals, Division IV.

May 30, 1996.

Attorney(s) appearing for the Case

Law Office of Edward A. Walters, P.C., Edward A. Walters, Wheat Ridge, for Petitioner-Appellee.

Tilly & Graves, P.C., David D. Schlachter, Denver, for Respondent-Appellant.

Opinion by Judge DAVIDSON.

In this condemnation action, petitioner, the Genesee Foundation, a non-profit corporation (condemnee), appeals from a decree of condemnation granting respondent, Bear Creek Development Corporation (condemnor) possession of a perpetual way of necessity, establishing the value of the property taken, and awarding costs. We affirm in part, reverse in part, and remand.

In September 1991, condemnor filed a petition for condemnation under...

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