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DEPT. OF TRAN. v. MARILYN HICKEY MINISTRIES

No. 04CA0928.

129 P.3d 1068 (2005)

DEPARTMENT OF TRANSPORTATION OF the STATE of Colorado and Regional Transportation District, a political subdivision of the State of Colorado, Plaintiffs-Appellees, v. MARILYN HICKEY MINISTRIES, d/b/a Happy Church, Defendant-Appellant.

Colorado Court of Appeals, Division III.

Certiorari Granted March 20, 2006.

Attorney(s) appearing for the Case

Duncan, Ostrander & Dingess, P.C., Robert R. Duncan, Donald M. Ostrander, James Birch, Denver, Colorado; John W. Suthers, Attorney General, Denver, Colorado, for Plaintiffs-Appellees.

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

PLANK**, J.

In this eminent domain case, defendant, Marilyn Hickey Ministries (MHM), appeals the trial court's order denying damages for loss of visibility of the subject property from Interstate 25 resulting from the construction of a concrete retaining wall built by plaintiffs, Colorado Department of Transportation and Regional Transportation District (collectively CDOT). We reverse and remand...

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