v. State of Colorado
Supreme Court of Colorado
1Opinion of the Court
JUSTICE GABRIEL delivered the Opinion of the Court.
¶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 in ownership and the conveyance of that ownership, not use," and therefore the claim was not a water matter within the exclusive jurisdiction of the water court. We agree and thus affirm the water court's dismissal order.
I. Facts and Procedural History
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2Cases cited6 opinions
- Tonko v. MallowSupreme Court of Colorado · 2007
- Humphrey v. Southwestern Development Co.Supreme Court of Colorado · 1987
- Crystal Lakes Water & Sewer Ass'n v. BacklundSupreme Court of Colorado · 1996
- Southern Ute Indian Tribe v. King Consolidated Ditch Co.Supreme Court of Colorado · 2011
- Bijou Irrigation District v. Empire ClubSupreme Court of Colorado · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Robert Kint Glover, Gerald Kiefer, Marjorie R. Kiefer Marital Trust, Blair A. Kiefer Family Trust, Jane Raeleen Dunn, Friday LLC, and The Estate of Robert Kint Glover, Plaintiffs-Appellants: v. Serratoga Falls LLC Resource Land Holdings LLC Jesse McDowell Town of Timnath Kitchel Lake Development Corporation Kitchel Lake Partners, LLC James Righeimer Lee Lowrey and Kenneth Mitchell. Defendants-Appellees: and Gregory Cucarola, Appellant:Supreme Court of Colorado · 2021
- Innis v. InnisColorado Court of Appeals · 2024
- Peo v. PeifferColorado Court of Appeals · 2021