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E-470 PUB. HIGHWAY AUTH. v. KORTUM INV. CO.

No. 04CA1262.

121 P.3d 331 (2005)

E-470 PUBLIC HIGHWAY AUTHORITY, Plaintiff-Appellee, v. KORTUM INVESTMENT COMPANY, LLLP and Patricia A. Castrodale, Defendants-Appellants.

Colorado Court of Appeals, Div. V.

August 11, 2005.

Attorney(s) appearing for the Case

Duncan, Ostrander & Dingess, P.C., Robert R. Duncan, Donald M. Ostrander, James Birch, T. Daniel Platt, Denver, Colorado, for Plaintiff-Appellee.

Opperman & Schell, P.C., William M. Schell, Julie A. Rech, Denver, Colorado, for Defendants-Appellants.

DAILEY, J.

In this eminent domain proceeding, respondents, Kortum Investment Company, LLLP and Patricia A. Castrodale (landowners), appeal the trial court's order awarding them only part of the attorney fees they requested from petitioner, E-470 Public Highway Authority (E-470). The issue on appeal is whether landowners were entitled, under § 43-4-506(1)(h)(II)(B), C.R.S.2004, to attorney fees incurred after they rejected a written offer that was tendered by...

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