Southworth v. Department of Highways

Ms. Justice Kelley

delivered the opinion of the Court.

This lawsuit arises out of a condemnation proceeding commenced May 7, 1963, by the State Highway Department, a defendant in error, to acquire land owned by one Klein, also a defendant in error. The City and County of Denver and its Manager of Revenue are the plaintiffs in error and will be referred to as the “City.”

Klein and the City were each served with a copy of the condemnation petition and summons. On May 21, 1963, the City filed an answer in which it claimed “any and all outstanding tax liens covering general taxes, Moffat Tunnel…