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CITY OF BOULDER v. FARM. RES. AND IRR. CO.

No. 08CA1062.

214 P.3d 563 (2009)

CITY OF BOULDER, a municipal corporation of the State of Colorado, Plaintiff-Appellee, v. FARMER'S RESERVOIR AND IRRIGATION COMPANY, a Colorado corporation, Defendant and Third-Party Plaintiff-Appellant, and Colorado Department of Transportation, State of Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. VII.

Rehearing Denied July 2, 2009.

Attorney(s) appearing for the Case

Jerry P. Gordon, City Attorney, Erin E. O'Brien, Assistant City Attorney, Boulder, Colorado, for Plaintiff-Appellee.

Law Office of Akolt and Akolt, LLC, John P. Akolt, III, John C. Akolt, II, Brighton, Colorado, for Defendant and Third-Party Plaintiff-Appellant.

John W. Suthers, Attorney General, Eric T. Meyer, Assistant Attorney General, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge GABRIEL.

The Farmers Reservoir and Irrigation Company (FRICO) appeals the district court's judgment entered following a bench trial authorizing the City of Boulder (Boulder) to construct an under-highway path spanning a portion of an irrigation ditch operated by FRICO, and ruling against FRICO on its counterclaims against Boulder and on its third-party complaint against the Colorado Department of Transportation (CDOT). We reverse that portion of the...

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