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TOWN OF SILVERTHORNE v. LUTZ

Court of Appeals No. 14CA1505.

370 P.3d 368 (2016)

2016 COA 17

TOWN OF SILVERTHORNE, a Colorado home rule municipality, Summit County, Colorado, Plaintiff-Appellee, v. Matthew F. LUTZ and Edward R. Lutz, Defendants-Appellants.

Colorado Court of Appeals, Div. VI.

Announced February 11, 2016.

Attorney(s) appearing for the Case

Hoffmann Parker Wilson & Carberry, P.C., M. Patrick Wilson , Denver, Colorado, for Plaintiff-Appellee.

Fowler Shimberg & Flanagan, P.C., Timothy J. Flanagan , Steven W. Fox , Denver, Colorado, for Defendants-Appellants.

Holland & Hart, LLP, Marcy G. Glenn , Michael J. Carrigan , Denver, Colorado, for Amicus Curiae State Board of the Great Outdoors Colorado Trust Fund.

Opinion by JUDGE MILLER

¶ 1 In this eminent domain action, respondents, Matthew F. Lutz and Edward R. Lutz (landowners), appeal the judgment in favor of petitioner Town of Silverthorne, a home rule municipality. The landowners contend that the trial court erred by excluding evidence of the Town's Great Outdoors Colorado Program (GOCO) funds from the immediate possession hearing. They argue that this evidence was relevant to the Town's authority...

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