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BOARD OF COUNTY COM'RS OF MORGAN v. KOBOBEL

No. 06CA1006.

176 P.3d 860 (2007)

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF MORGAN, a political subdivision of the State of Colorado, Plaintiff-Appellant, v. Elmer KOBOBEL and Mariam Kobobel, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

December 27, 2007.

Attorney(s) appearing for the Case

George N. Monsson, County Attorney, David W. Bute, Assistant County Attorney, Fort Morgan, Colorado, for Plaintiff-Appellant.

Anderson & Chapin, P.C., Robert B. Chapin, Brush, Colorado, for Defendants-Appellees.

Opinion by Judge ROY.

The Board of County Commissioners of Morgan County (the county) appeals the judgment of the trial court dismissing its petition to condemn a portion of property owned by Elmer and Mariam Kobobel (the owners). We affirm and remand.

The owners own Section 15, Township 4 North, Range 55 West of the 6th P.M. in Morgan County. The county sought to condemn a strip of land thirty feet wide along the northern boundary of the owners' property...

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