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TOWN OF PARKER v. NORTON

No. 96CA0011.

939 P.2d 535 (1997)

TOWN OF PARKER, Plaintiff-Appellant, v. John T. NORTON, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

May 29, 1997.

Attorney(s) appearing for the Case

Hayes, Phillips & Maloney, P.C., James S. Maloney, Corey Y. Hoffmann, Denver, for Plaintiff-Appellant.

Holley, Albertson & Polk, P.C., Dennis B. Polk, Howard R. Stone, Golden, for Defendant-Appellee.

David W. Broadwell, Denver, for Amicus Curiae Colorado Municipal League.

Opinion by Judge ROTHENBERG.

In this condemnation action, petitioner, the Town of Parker (town), appeals the judgment of dismissal in which the trial court denied its petition to condemn a strip of land owned by respondent, John T. Norton (landowner). It also appeals the order awarding attorney fees to landowner. We reverse the judgement, vacate the order awarding attorney fees, and remand for further proceedings.

The town, a home rule municipality, filed...

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