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E-470 PUBLIC HIGHWAY AUTHORITY v. REVENIG

No. 04CA2396.

140 P.3d 227 (2006)

E-470 PUBLIC HIGHWAY AUTHORITY, Petitioner-Appellee, v. Steven J. REVENIG, Trustee, Successor Trustee to Stephen A. Hellerstein, and Howard Farkas, Respondents-Appellants.

Colorado Court of Appeals, Div. I.

April 6, 2006.

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 Petitioner-Appellee.

Grimshaw & Harring, P.C., Wayne B. Schroeder, Jody Harper Alderman, Carrie S. Bernstein, Denver, Colorado, for Respondents-Appellants.

DAILEY, J.

In this eminent domain proceeding, respondents, Steven J. Revenig and Howard Farkas (landowners), appeal the trial court's order denying them attorney fees and costs incurred in challenging on appeal the constitutionality of § 38-1-114(2)(d), C.R.S.2005 (reducing monetary award of compensation for land taken by the value of special benefits added to landowners' remaining property by virtue of the condemnation...

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