Bly v. Story

I agree with the majority that the district court properly denied Condemnees' motion to dismiss and therefore join Part IL.A. of its opinion. I disagree, however, with its conclusion that the trial court did not abuse its discretion in keeping cost of construction evidence from the jury. Maj. op. at 588. In this case, the district court permitted the jury to consider only the comparable sales method of valuation even though "no expert here could find comparable sales of driveway easements...." Story v. Bly, 217 P.3d 872, 881 (Colo.App.2008). We long ago rejected the district court's "single…