Legal Opinion · Dissent

Sall v. City of Colorado Springs

Supreme Court of Colorado

Decided December 27, 1966No. 21504Published

1DissentJustice Frantz

In my view the affirmance of the judgment in this case effects a denial of the use and occupation of Sail’s property in a sense equivalent to confiscation. The majority prevailing, his property must remain what it is — so much landscape. Yet, I submit, there are at least four reasons, each equally cogent, why this case should be reversed.

Sall owned a tract of land 100 feet wide by 600 feet *305in length. Its width ran east and west and its length north and south. Only the southern approximate 300 feet enjoyed access to a public road known as the Chelton Road. The northern portion of the tract…

2Cases cited9 opinions

  1. Barham v. GrantSupreme Court of Georgia · 1938
  2. Jones v. Board of AdjustmentSupreme Court of Colorado · 1949
  3. Martino v. FleenorSupreme Court of Colorado · 1961
  4. Borghart v. City of Cedar RapidsSupreme Court of Iowa · 1905
  5. Godman v. JonesCourt of Appeals of Kentucky · 1918

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