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ASMUSSEN v. U.S.

Supreme Court Case No. 12SA96.

304 P.3d 552 (2013)

2013 CO 54

Rodney ASMUSSEN and Linda Asmussen, Husband and Wife, For Themselves and As Representatives of a Class of Similarly Situated Persons, Plaintiffs, v. UNITED STATES, Defendant.

Supreme Court of Colorado, En Banc.

July 1, 2013.

Attorney(s) appearing for the Case

Attorneys for Plaintiffs: Lathrop & Gage, LLP, Phillip S. Lorenzo , James E. Dallner , Denver, Colorado, Baker Sterchi Cowden & Rice, LLC, Thomas S. Stewart Elizabeth McCulley Kansas City, Missouri

Attorneys for Defendant: United States Department of Justice Nicholas A. DiMascio Washington, D.C.

Justice MÁRQUEZ delivered the Opinion of the Court.

¶ 1 Pursuant to C.A.R. 21.1, we agreed to answer a certified question of law posed to us by the United States Court of Federal Claims. The question arises out of a class action lawsuit asserting a Fifth Amendment takings claim against the federal government. Plaintiffs are landowners in Weld County who own property abutting a former railroad right-of-way. The United States authorized the former railroad...

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