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BOARD OF CTY. COM'RS v. NOTTINGHAM & SONS, INC.

No. 73-294.

540 P.2d 1126 (1975)

BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, and the State Department of Highways, Division of Highways, State of Colorado, Petitioners-Appellees, v. H. A. NOTTINGHAM & SONS, INC., a Colorado Corporation, Respondent-Appellant, and Rifle Production Credit Association et al., Respondents.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 6, 1975.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard W. Phillips, Acting Chief Highway Counsel, Sp. Asst. Atty. Gen., Marlin D. Opperman, Sp. Asst. Atty. Gen., Denver, for petitioner-appellee State Dept. of Highways, Division of Highways.

Clark, Martin & Pringle, Bruce D. Pringle, Denver, for respondent-appellant.

Selected for Official Publication.

SMITH, Judge.

This is an eminent domain case. On July 10, 1969, petitioners, the Board of County Commissioners of Eagle County and the Colorado Department of Highways, filed a petition in condemnation to acquire, for highway purposes, 60 acres of unimproved land owned by respondent H. A. Nottingham and Sons, Inc. On March 9 and 10, 1972, a hearing on the issue of valuation was held before a commission of three freeholders...

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