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DEPARTMENT OF TRANSP. v. STAPLETON

No. 02CA1586.

81 P.3d 1105 (2003)

DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, and Board of County Commissioners, Pitkin County, Colorado, Petitioners-Appellees, v. Craig R. STAPLETON, Respondent-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied August 7, 2003.

Certiorari Granted January 12, 2004.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Harry S. Morrow, First Assistant Attorney General, Jennifer Mele, Assistant Attorney General, Denver, Colorado, for Petitioner-Appellee Department of Transportation, State of Colorado.

John M. Ely, County Attorney, Christopher G. Seldin, Assistant County Attorney, for Petitioner-Appellee Board of County Commissioners, Pitkin County, Colorado.

Faegre & Benson, LLP, Leslie A. Fields, John R. Sperber, M. Patrick Wilson, Denver, Colorado, for Respondent-Appellant.

Opinion by Judge GRAHAM.

Respondent, Craig R. Stapleton, appeals the trial court's judgment granting immediate possession of his property to petitioners, the Colorado Department of Transportation (CDOT) and the Board of County Commissioners of Pitkin County. We reverse and remand.

Respondent owned approximately 23.4 acres of land in Aspen, which is adjacent to Highway 82 and located north of Buttermilk Ski Area and south of the Pitkin County Airport. For over...

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