City of Aurora v. Commerce Group Corp.

BABCOCK, Judge.

The City of Aurora (Aurora) appeals the dismissal of its petition to condemn extra-territorially approximately six miles of stream fishing rights over the property of respondents (landowners). The trial court dismissed the case finding no statutory authority for this condemnation proceeding. The trial court chose not to reach the issue whether the proposed condemnation was for a public purpose. Landowner Commerce Group Corporation (CGC) cross-appeals the trial court’s dismissal of its counterclaim for damages upon a theory of “wrongful condemnation.” The trial court ruled that…