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PALIZZI v. CITY OF BRIGHTON

No. 08SC1026.

228 P.3d 957 (2010)

Debora M. PALIZZI; Gloria A. Bennett; and Palizzi & Son, Inc., a Colorado Corporation; Petitioners v. CITY OF BRIGHTON, a municipal corporation of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 26, 2010.

Attorney(s) appearing for the Case

Fowler, Schimberg & Flanagan, P.C., Timothy J. Flanagan, Katherine T. Eubank, Denver, Colorado, Attorneys for Petitioners.

Murray Dahl Kuechenmeister & Renaud LLP, Patrick Wilson, Denver, Colorado, Mehaffy Brubaker & Ernst LLC, Margaret R. Brubaker, Brighton, Colorado, Attorneys for Respondent.

Colorado Municipal League, Erin E. Goff, Denver, Colorado, Attorneys for Amicus Curiae Colorado Municipal League.

John W. Suthers, Attorney General, Megan Paris Rundlet, Assistant Attorney General, Denver, Colorado, Attorneys for Amicus Curiae Colorado Department of Transportation.

Justice HOBBS delivered the Opinion of the Court.

In this eminent domain action for property it desired for road improvements, the City of Brighton ("Brighton") condemned approximately 0.8 acres of agricultural land owned by Debora M. Palizzi, Gloria A. Bennett, and Palizzi & Son, Inc. (collectively "the Palizzis"). A jury awarded $204,387.15 as just compensation for the taken property, based on its highest and best use being for commercial and residential development...

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