Clare v. Florissant Water & Sanitation District

Judge KAPELKE

dissenting.

I respectfully dissent.

In my view, the trial court correctly granted summary judgment in favor of defendant. I agree with the trial court that, because Clare had no governmental contract or franchise, he did not suffer a compensable taking of property within the meaning of Colo. Const, art. II, § 15.

Here, Clare does not contend that the District has acquired his land or physically taken over his actual water distribution facilities. Rather, he premises his claim on the loss of his customers and business which resulted from defendant’s actions in establishing a special…