CITY OF BLACK HAWK v. FICKE

No. 06CA1302.

215 P.3d 1129 (2008)

CITY OF BLACK HAWK, Colorado, a Colorado home rule municipality, Petitioner-Appellee and Cross-Appellant, v. J.D. FICKE and Carrie Shields, Respondents-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied April 17, 2008.

Certiorari Denied October 6, 2008.


Attorney(s) appearing for the Case

Hayes, Phillips, Hoffman & Carberry, P.C., Corey Y. Hoffman, Hilary Mogue Graham, Denver, CO, for Petitioner-Appellee and Cross-Appellant.

Holley, Albertson & Polk, P.C., Dennis B. Polk, Golden, CO, for Respondents-Appellants and Cross-Appellees.


Opinion by Judge CASEBOLT.

In this condemnation proceeding brought by petitioner, City of Black Hawk, respondents, J.D. Ficke and Carrie Shields, appeal the order upholding the City's abandonment of the condemnation following trial and the partial award of attorney fees in their favor. The City cross-appeals, asserting that the court improperly awarded attorney fees to respondents. We affirm.

The City commenced this proceeding to acquire respondents' property...

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