City of Boulder v. Kahn's, Inc.

This action was brought by the City of Boulder under the Public Mall Act of 1970 (section 31-25-401 et seq., C.R.S. 1973) and our eminent domain statute (sections 38-1-101 et seq., C.R.S. 1973). We affirm the summary judgment entered by the trial court.

The Public Mall Act of 1970 states its purposes as follows;

“[Tjhat, in certain areas in cities and particularly in retail shopping areas thereof, there is need to separate pedestrian travel from vehicular travel and that such separation is necessary to protect the public safety or other*92wise to serve the public interest and convenience. The…