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DEPARTMENT OF TRANSP. v. STAPLETON

No. 03SC616.

97 P.3d 938 (2004)

DEPARTMENT OF TRANSPORTATION, State of Colorado, and Board of County Commissioners of Pitkin County, Petitioners v. Craig R. STAPLETON, Respondent.

Supreme Court of Colorado, En Banc.

September 13, 2004.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Harry S. Morrow, First Assistant Attorney General, Jennifer L. Mele, Assistant Attorney General, Transportation Unit, Litigation Section, Denver, Colorado, Attorneys for Petitioner Department of Transportation State of Colorado.

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

Faegre & Benson, LLP, Leslie A. Fields, John R. Sperber, Patrick T. Madigan, M. Patrick Wilson, Denver, Colorado, Attorneys for Respondent.

Carolynne C. White, Denver, Colorado, John P. Worcester, City Attorney, Aspen, Colorado, Attorneys for Amicus Curiae Colorado Municipal League and City of Aspen, Colorado.

Justice RICE delivered the Opinion of the Court.

The Petitioners, the Colorado Department of Transportation (CDOT) and the Board of County Commissioners of Pitkin County (the "County"), seek review of the court of appeals' decision that they each lack statutory authority to condemn property owned by the Respondent, Craig R. Stapleton. Because we find that CDOT has the necessarily implied statutory authority to condemn the property at issue, we reverse.

I...

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