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DEPT. OF TRANSP. v. AMERCO REAL ESTATE CO.

Supreme Court Case No. 16SA75.

380 P.3d 117 (2016)

2016 CO 62

In re DEPARTMENT OF TRANSPORTATION, State of Colorado, Petitioner, v. AMERCO REAL ESTATE COMPANY, a Nevada corporation; Wells Fargo Foothill, Inc., a California corporation; Wells Fargo Bank, National Association, a United States bank; U-Haul Co. of Colorado; Merrill Lynch Commercial Finance Corporation, a Delaware corporation; Public Service Company of Colorado, a Colorado corporation; Margaret Chapman, Public Trustee of Jefferson County; and Tim Kaufman, Treasurer of Jefferson County, Respondents.

Supreme Court of Colorado.

September 26, 2016.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Cynthia H. Coffman , Attorney General, Gregg E. Carson , Senior Assistant Attorney General, Lauren M. Curran , Assistant Attorney General, Denver, Colorado.

Attorneys for Respondents Amerco Real Estate Company and U-Haul Co. of Colorado: Bryan Cave LLP, Stephen D. Gurr , Cynthia Lowery-Graber , Denver, Colorado.

No appearance on behalf of: Wells Fargo Foothill, Inc., a California Corporation; Wells Fargo Bank, National Association, a United States Bank; Merrill Lynch Commercial Finance Corporation, a Delaware Corporation; Public Service Company of Colorado, a Colorado Corporation; Margaret Chapman, Public Trustee of Jefferson County; and Tim Kaufman, Treasurer of Jefferson County.

En banc.

¶ 1 Amerco and U-Haul petitioned for relief pursuant to C.A.R. 21 from an order of the district court denying their request to dismiss the transportation department's Petition in Condemnation and instead granting the department's motion for immediate possession of the subject property, which...

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