Legal Opinion

City of Brighton v. Palizzi

Colorado Court of Appeals

Decided August 17, 2009No. 07CA1343PublishedCited by 5 opinions

1Opinion of the Court

Opinion by

Judge J. JONES.

In this eminent domain action, petitioner, the City of Brighton, appeals the judgment awarding respondents, Debora M. Palizzi, Gloria A. Bennett, and Palizzi & Son, Inc. {collectively, the landowners), $204,387.15 for the value of property taken by the City to widen a road. The landowners cross-appeal the district court's refusal of their request to withdraw the court's award of attorney fees from the court registry without posting a 200% bond. We reverse the judgment and remand for a new trial.

I. Background

Beginning in 2005, the City sought to widen and improve…

2Cases cited18 opinions

  1. United States v. General Motors Corp.Supreme Court of the United States · 1945
  2. E-470 Public Highway Authority v. 455 Co.Supreme Court of Colorado · 2000
  3. Fowler Irrevocable Trust 1992-1 v. City of BoulderSupreme Court of Colorado · 2001
  4. Board of County Commissioners v. Vail Associates, Ltd.Supreme Court of Colorado · 1970
  5. Jagow v. E-470 Public Highway AuthoritySupreme Court of Colorado · 2002

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3Cited by5 opinions

  1. Palizzi v. City of BrightonSupreme Court of Colorado · 2010
  2. Miller v. BrannonColorado Court of Appeals · 2009
  3. Story v. BlyColorado Court of Appeals · 2009
  4. Kendrick v. PippinColorado Court of Appeals · 2009
  5. Kendrick v. PippinColorado Court of Appeals · 2009

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