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BETTERVIEW INV. LLC v. PUBLIC SER. CO. OF COLO.

No. 07CA1224.

198 P.3d 1258 (2008)

BETTERVIEW INVESTMENTS, LLC, Plaintiff-Appellant, v. PUBLIC SERVICE COMPANY OF COLORADO, d/b/a XCEL Energy, Defendant-Appellee.

Colorado Court of Appeals, Div. VI.

July 10, 2008.

Attorney(s) appearing for the Case

Fowler, Schimberg & Flanagan, P.C., Timothy J. Flanagan, Theresa A. Vogel, Denver, Colorado, for Plaintiff-Appellant.

Faegre & Benson, LLP, John R. Sperber, Brandee L. Caswell, Amber L. Abbuhl, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge DAILEY.

In this real property dispute, plaintiff, Betterview Investments, LLC (Betterview), appeals the trial court's judgment dismissing its trespass and inverse condemnation claims against defendant, Public Service Company of Colorado (PSCo), and declaring that PSCo has an easement across its property. We vacate the judgment and remand for further proceedings.

I. Background

The following facts are undisputed. In 2004, Betterview...

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