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CITY OF BRIGHTON v. PALIZZI

No. 07CA1343.

214 P.3d 470 (2008)

CITY OF BRIGHTON, a municipal corporation of the State of Colorado, Plaintiff-Appellant and Cross-Appellee, v. Debora M. PALIZZI, Gloria A. Bennett, and Palizzi & Son, Inc., a Colorado corporation, Defendant-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. VI.

Certiorari Granted August 17, 2009.

Attorney(s) appearing for the Case

Murray Dahl Kuechenmeister & Renaud LLP, Patrick Wilson, Denver, Colorado; Mehaffy Brubaker & Ernst, LLC, Margaret R. Brubaker, Brighton City Attorney, for Plaintiff-Appellant and Cross-Appellee.

Fowler, Schimberg & Flanagan, P.C., Timothy J. Flanagan, Theresa A. Vogel, Denver, Colorado, for Defendant-Appellees and Cross-Appellants.

Opinion by Judge J. JONES.

In this eminent domain action, petitioner, the City of Brighton, appeals the judgment awarding respondents, Debora M. Palizzi, Gloria A. Bennett, and Palizzi & Son, Inc. (collectively, the landowners), $204,387.15 for the value of property taken by the City to widen a road. The landowners cross-appeal the district court's refusal of their request to withdraw the court's award of attorney fees from the court registry without posting a...

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