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CITY OF STEAMBOAT SPRINGS v. JOHNSON

No. 09CA2520.

252 P.3d 1142 (2010)

CITY OF STEAMBOAT SPRINGS, a Colorado home rule municipality, Petitioner-Appellee, v. Charles D. JOHNSON and Johnson Excavation, Inc., Respondents-Appellants.

Colorado Court of Appeals, Division VII.

Rehearing Denied September 9, 2010.

Attorney(s) appearing for the Case

Anthony B. Lettunich , City Attorney, Daniel D. Foote , Staff Attorney, Steamboat Springs, Colorado, for Petitioner-Appellee.

Vance E. Halvorson , Steamboat Springs, Colorado, for Respondents-Appellants.

Opinion by Judge CONNELLY.

The City of Steamboat Springs has decided to construct a new highway on what once was greenbelt area. To do so, it obtained a judicial decree that it owned the greenbelts, condemned or acquired property owners' appurtenant rights to restrict use of that area to anything but greenbelts, and acquired adjoining properties.

This appeal involves property interests formerly owned by Charles D. Johnson and Johnson Excavation, Inc. (collectively...

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