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DEPARTMENT OF TRANSP. v. FIRST PLACE, LLC

No. 04CA2263.

148 P.3d 261 (2006)

DEPARTMENT OF TRANSPORTATION, State of Colorado; City of Black Hawk, Colorado; and Silver Dollar Metropolitan District, Petitioners-Appellants, v. FIRST PLACE, LLC, Respondent-Appellee.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing June 29, 2006.

Certiorari Denied October 23, 2006.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Jennifer Mele, Assistant Attorney General, Denver, Colorado, for Petitioner-Appellant Department of Transportation, State of Colorado.

Hayes, Phillips, Hoffmann & Carberry, P.C., Corey Y. Hoffmann, Denver, Colorado, for Petitioner-Appellant City of Black Hawk, Colorado.

Grimshaw & Harring, P.C., Wayne B. Schroeder, Jody Harper Alderman, Carrie S. Bernstein, Denver, Colorado, for Petitioner-Appellant Silver Dollar Metropolitan District.

Faegre & Benson LLP, Leslie A. Fields, John R. Sperber, Karen L. Brody, Denver, Colorado, for Respondent-Appellee First Place, LLC.

DAILEY, J.

In this eminent domain case, petitioners, Colorado Department of Transportation (CDOT), City of Black Hawk, and Silver Dollar Metropolitan District, appeal the trial court's judgment awarding respondent, First Place, LLC, $4,057,013 in damages for 1.01 acres of property taken to expand a state highway. We reverse and remand for further proceedings.

The property is, for the most part, steep mountainous terrain...

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