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DEPT. OF TRANSP. OF STATE v. MARILYN HICKEY MINISTRIES

No. 05SC816.

159 P.3d 111 (2007)

DEPARTMENT OF TRANSPORTATION OF The STATE of Colorado, and Regional Transportation District, a political subdivision of the State of Colorado, Petitioners v. MARILYN HICKEY MINISTRIES, d/b/a Happy Church, Respondent.

Supreme Court of Colorado, En Banc.

May 29, 2007.

Attorney(s) appearing for the Case

Duncan, Ostrander & Dingess, P.C., Robert R. Duncan, Donald M. Ostrander, James Birch, Denver, Colorado, Attorneys for Petitioners.

John W. Suthers, Colorado Attorney General, Denver, Colorado, Attorney for Petitioner Colorado Department of Transportation.

Faegre & Benson LLP, Leslie A. Fields, John R. Sperber, Denver, Colorado, Attorneys for Respondent.

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

This is an eminent domain case arising from the construction of a light rail line as part of the Transportation Expansion Project ("T-REX") of Interstate 25 ("I-25") in the Denver Metropolitan area. The Colorado Department of Transportation ("CDOT") and the Regional Transportation District ("RTD") appeal the court of appeals' decision in Department of Transportation v. Marilyn...

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