Denver West Metropolitan District v. Geudner

Opinion by

Judge NEY.

Petitioner, Denver West Metropolitan District (District), appeals the trial court’s order dismissing its petition to condemn the property of respondent, Paul R. Geudner. Geudner cross-appeals the trial court’s order denying, in part, his claim for attorney fees and costs. We affirm and remand with directions.

The District is a multi-use metropolitan district established pursuant to the Special District Act, § 32-1-101, et seq., C.R.S. (1988 Cum. Supp.). The District’s service plan provides that the District is responsible for controlling flooding along Lena Gulch, a stream…