City of Aurora v. Congregation Beth Medrosh Hagodol

The City of Aurora sought by condemnation proceedings to acquire rights-of-way for streets. The suit was resisted by the defendant in error, an incorporated religious society, whose property would be affected by the taking. It is claimed by the society that the land thus affected was at the time, and is, already devoted to a public use, viz., a public cemetery. Great reliance is placed upon the decision of the court in the case of Beth *464Medrosh Hagodol v. City of Aurora, 126 Colo. 267, 248 P. (2d) 732, as settling the issue; for it is maintained by the society that it was conclusively…