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STATE DEPT. OF HIGHWAYS v. CASTEEL

No. 87CA1976.

781 P.2d 108 (1989)

STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, Petitioner-Appellee, v. Charles P. CASTEEL, Respondent-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 1, 1989.

Certiorari Denied October 16, 1989.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Thomas W. Gibb, Sp. Asst. Atty. Gen., Denver, for petitioner-appellee.

Palo & Palo, Bryce Palo, Grand Junction, for respondent-appellant.

Opinion by Judge SMITH.

In this eminent domain proceeding, the owner of the condemned property, Charles P. Casteel, appeals from the trial court's rule and order computing prejudgment interest pursuant to § 38-1-116, C.R.S. (1982 Repl.Vol. 16A) and the denial of his motion to set aside the ascertainment and assessment and report of the commissioners. The condemning authority, the State Department of Highways (Department) argues that we should dismiss this appeal...

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