Legal Opinion

Department of Transportation v. Stapleton

Supreme Court of Colorado

Decided September 13, 2004No. 03SC616PublishedCited by 32 opinions

1Opinion of the CourtJustice Rice

The Petitioners, the Colorado Department of Transportation (CDOT) and the Board of County Commissioners of Pitkin County (the “County”), seek review of the court of appeals’ decision that they each lack statutory authority to condemn property owned by the Respondent, Craig R. Stapleton. Because we find that CDOT has the necessarily implied statutory authority to condemn the property at issue, we reverse.

I. Facts and Proceedings Below

This case arises out of a condemnation action in which the trial court awarded the Petitioners immediate possession of property owned by the Respondent and…

2Cases cited16 opinions

  1. Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A.Supreme Court of the United States · 1994
  2. United States v. CraftSupreme Court of the United States · 2002
  3. Civil Service Commission v. PinderSupreme Court of Colorado · 1991
  4. Board of County Commissioners v. Vail Associates, Inc.Supreme Court of Colorado · 2001
  5. Simpson v. Bijou Irrigation Co.Supreme Court of Colorado · 2003

11 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Young v. Brighton School District 27JSupreme Court of Colorado · 2014
  2. St. Vrain Valley School District RE-1J v. A.R.L. ex rel. LovelandSupreme Court of Colorado · 2014
  3. v. PeopleSupreme Court of Colorado · 2020
  4. Catholic Health Initiatives v. CITY OF PUEBLO, DEPT. OF FINANCESupreme Court of Colorado · 2009
  5. v. SauserColorado Court of Appeals · 2021

27 more not listed; retrieve them via the Exa API.

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