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E-470 PUBLIC HIGHWAY AUTHORITY v. WAGNER

No. 02CA0569.

77 P.3d 902 (2003)

E-470 PUBLIC HIGHWAY AUTHORITY, Petitioner-Appellant and Cross-Appellee, v. Rick Lynn WAGNER, individually and as personal representative of the estate of Wilbert E. Wagner; Gary Ron Wagner; and Terry Don Wagner, Respondents-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. I.

August 14, 2003.

Attorney(s) appearing for the Case

Duncan, Ostrander & Dingess, P.C., Robert R. Duncan, Donald M. Ostrander, James Birch, Denver, Colorado, for Petitioner-Appellant and Cross-Appellee.

Hale Hackstaff Friesen, LLP, Timothy M. Tymkovich, Allan L. Hale, Amanda S. Atkinson, Denver, Colorado, for Respondents-Appellees and Cross-Appellants.

Opinion by Judge TAUBMAN.

In this eminent domain proceeding, petitioner, E-470 Public Highway Authority, appeals the trial court's judgment awarding attorney fees to respondents, Rick Lynn Wagner, Gary Ron Wagner, and Terry Don Wagner (collectively Wagners). The Wagners cross-appeal the trial court's award of prejudgment interest in the amount of $4,390.54 to E-470. We affirm.

Before filing a condemnation action, E-470 made a last written offer of $607,000...

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