DEPT. OF TRANSP. v. BROWN GROUP RETAIL

No. 06SC667.

182 P.3d 687 (2008)

COLORADO DEPARTMENT OF TRANSPORTATION, Petitioner v. BROWN GROUP RETAIL, INC., a Pennsylvania corporation, Respondent.

Supreme Court of Colorado, En Banc.

April 14, 2008.


Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Megan Paris Rundlet, Assistant Attorney General, Denver, Colorado, Attorneys for Petitioner.

Davis Graham & Stubbs LLP, Dean C. Miller, Robert W. Lawrence, Denver, Colorado, Attorneys for Respondent.


Justice COATS delivered the Opinion of the Court.

The Colorado Department of Transportation sought review of the court of appeals' judgment affirming the denial of its motion to dismiss this groundwater contamination case. See Brown Group Retail, Inc. v. State, 155 P.3d 481 (Colo.App.2006). Although the district court found Brown Group's claims of trespass and negligent storage and...

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