Bear Creek Development Corp. v. Dyer

Opinion by

Judge DUBOFSKY.

Petitioner, Bear Creek Development Corp., appeals the trial court’s dismissal of its condemnation proceedings. Respondent, Patricia L. Dyer, cross-appeals the trial court’s denial of attorney fees. We reverse the judgment of dismissal and affirm the denial of attorney fees.

Petitioner owns landlocked property on Mount Morrison in Jefferson County, Colo rado. Because of the topography of the land, the only access to petitioner’s property is a dirt road across respondent’s property. For more than ten years, petitioner’s property has been used as a site for communication…