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CAW EQUITIES v. CITY OF GREENWOOD VILLAGE

Court of Appeals No. 17CA0212.

425 P.3d 1197 (2018)

2018 COA 42M

CAW EQUITIES, L.L.C., a Colorado limited liability company, Plaintiff-Appellant, v. CITY OF GREENWOOD VILLAGE, Colorado, a home rule municipality, Defendant-Appellee.

Colorado Court of Appeals, Div. VII.

Rehearing Denied May 3, 2018.

Attorney(s) appearing for the Case

Waas Campbell Rivera Johnson & Velasquez LLP, Darrell G. Waas , Patricia C. Campbell , Denver, Colorado, for Plaintiff-Appellant

Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Thomas J. Ragonetti , Bill E. Kyriagis , Brian J. Connolly , Denver, Colorado; Tonya Haas Davidson , City Attorney, Greenwood Village, Colorado, for Defendant-Appellee

Opinion by JUDGE FREYRE

¶ 1 In this private condemnation action under Colorado Constitution article XVI, section 7 (Section 7), we address a novel question — Does the "prior public use" doctrine of eminent domain law apply to private condemnations under Section 7? We answer that question "yes" and affirm the district court's judgment related to that doctrine. We also conclude that while Section 7 is self-executing, it is not limitless. Consistent...

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