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ROOT OUTDOOR ADVERTISING v. FORT COLLINS

No. 85CA1454.

759 P.2d 59 (1988)

ROOT OUTDOOR ADVERTISING, INC., Gardner Signs, Inc.; James H. Trujillo: Beverly Faye Trujillo; Paul D. Hendrickson; Gary Duncan and Ron Montross, d/b/a D.M.H. Enterprises, a Partnership; and Thelma L. Walker, Plaintiffs-Appellees, and Colorado Department of Highways, Plaintiff-Intervenor-Appellee, v. CITY OF FORT COLLINS, Colorado, a Municipal Corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 11, 1988.

Attorney(s) appearing for the Case

Wood, Herzog, Osborn & Bloom, P.C., David L. Wood, Fort Collins, for plaintiffs-appellees.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., William Bassett, Asst. Atty. Gen., Denver, for plaintiff-intervenor-appellee.

Anderson, Sommermeyer, Wick & Dow, Timothy J. Dow, Fort Collins, for defendant-appellant.

Certiorari Pending (88SC413).

SMITH, Judge.

The City of Fort Collins (City) appeals a declaratory judgment holding that in order for it to require plaintiffs to remove their signs pursuant to its local ordinances it must pay just compensation as that concept is dealt with in condemnation, and that it should follow the procedures outlined in the eminent domain statutes in order to accomplish such removal. More specifically, the trial court held that the City...

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