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COLORADO SPRINGS v. ANDERSEN MAHON ENTERP. LLP.

No. 09CA1467.

251 P.3d 536 (2010)

CITY OF COLORADO SPRINGS, Colorado, Petitioner-Appellant, v. ANDERSEN MAHON ENTERPRISES, LLP, Respondent-Appellee.

Colorado Court of Appeals, Div. V.

July 22, 2010.

Attorney(s) appearing for the Case

Patricia K. Kelly , City Attorney, William B. Bain , Assistant City Attorney, Colorado Springs, Colorado; Welborn Sullivan Meck & Tooley, P.C., Edward Blieszner , Sarah M. Clark , Denver, Colorado, for Petitioner-Appellant.

Duncan, Ostrander & Dingess, P.C., Robert R. Duncan , James Birch , Paul C. Rufien , Denver, Colorado for Respondent-Appellee.

Opinion by Judge LICHTENSTEIN.

In this eminent domain proceeding, petitioner, the City of Colorado Springs, appeals the trial court's order awarding attorney fees to respondent, Andersen Mahon Enterprises, LLP, pursuant to section 38-1-122(1.5), C.R.S.2009. We reverse the order.

Under section 38-1-122(1.5), property owners are entitled to reimbursement for attorney fees they incur in challenging the governmental entity's valuation of their condemned property...

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