Department of Transportation v. Auslaender

Opinion by

Judge DAILEY.

In this appeal arising out of a contempt proceeding, respondent, the Colorado Department of Transportation (CDOT), challenges the trial court’s order granting in-junctive relief to petitioner, Bennett A. Auslaender. We reverse.

CDOT instituted an eminent domain proceeding to obtain from Auslaender property needed to widen U.S. Highway 285 near Conifer, Colorado. In its condemnation petition, *1237CDOT requested immediate possession of the property, which Auslaender originally planned to contest. However, the parties reached a stipulation agreeing to CDOT’s immediate…