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CITY AND COUNTY OF DENVER v. DISTRICT COURT

No. 18876.

342 P.2d 648 (1959)

CITY AND COUNTY OF DENVER, a municipal corporation, Complainant, v. DISTRICT COURT OF the FIRST JUDICIAL DISTRICT IN AND FOR the COUNTY OF ARAPAHOE and State of Colorado; Martin P. Miller, a judge thereof; and Glendale Water and Sanitation District, a water and sanitation district, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 17, 1959.

Attorney(s) appearing for the Case

John C. Banks, Earl T. Thrasher, Hans W. Johnson, Denver, for complainants.

Cranston & Arthur, Denver, for respondents.

Robert D. Inman, Denver, amicus curiae.

DAY, Justice.

This is an original proceeding in the nature of certiorari challenging an order of the district court awarding to the Glendale Water and Sanitation District in eminent domain immediate possession of certain property in the City and County of Denver. We will refer to the complainant as Denver and to respondents as Glendale.

The property involved is a public stream known as Cherry Creek which bisects Denver, and the channel of which traverses residential...

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