ALLEN v. STATE

Supreme Court Case No. 17SA220.

433 P.3d 581 (2019)

2019 CO 6

Sam A. ALLEN, Plaintiff-Appellant, v. STATE of Colorado; Colorado Court of Appeals; Margaret V. Morton; Larry L. Stevens; and Mesa County Land Conservancy, Inc., Defendants-Appellees, and Alan Martellaro, Division Engineer, Water Division 5, Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado.

January 22, 2019.


Attorney(s) appearing for the Case

Attorneys for Plaintiff-Appellant: Dufford, Waldeck, Milburn & Krohn, L.L.P., Nathan A. Keever , Grand Junction, Colorado.

Attorneys for Defendant-Appellees State of Colorado and Colorado Court of Appeals: Philip J. Weiser , Attorney General, Patrick L. Sayas , Senior Assistant Attorney General, Denver, Colorado.

Attorneys for Defendant-Appellee Mesa County Land Conservancy, Inc.: Berg Hill Greenleaf & Ruscitti, LLP, Peter D. Nichols , Josh A. Marks , Boulder, Colorado.

Attorneys for Appellee Division Engineer, Water Division 5: Philip J. Weiser , Attorney General, Paul L. Benington , First Assistant Attorney General, Denver, Colorado.

No appearance on behalf of Margaret V. Morton or Larry L. Stevens.

En Banc.


¶ 1 This case concerns whether a water court has jurisdiction to consider a claim for inverse condemnation alleging a judicial taking of shares in a mutual ditch company. The water court dismissed plaintiff-appellant Sam Allen's inverse condemnation claim, concluding that his claim was "grounded...

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