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STORY v. BLY

No. 07CA2076.

217 P.3d 872 (2008)

Tamara L. STORY, Plaintiff-Appellee and Cross-Appellant, v. Richard W. BLY; Patsy A. Bly; and Bank of the West, f/n/a Community First National Bank, f/n/a The Bank, N.A., Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing February 5, 2009.

Attorney(s) appearing for the Case

Burns, Figa & Will, P.C., Geoffrey P. Anderson, Genevieve M. Bernal, Greenwood Village, Colorado, for Plaintiff-Appellee and Cross-Appellant.

Duncan, Ostrander & Dingess, P.C., Robert R. Duncan, James Birch, Denver, Colorado, for Defendants-Appellants and Cross-Appellees.

Opinion by Judge CASEBOLT.

In this private condemnation action to obtain an access easement over an existing roadway, respondents, Richard W. Bly, Patsy A. Bly, and Bank of the West (collectively, the Blys), appeal the judgment in favor of petitioner, Tamara L. Story, which granted an access easement across the Blys' property and awarded them $12,500 for the easement and resulting damages. Story conditionally cross-appeals on several issues. We affirm.

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