HomeMy WebLinkAbout20001191.tiff DISTRICT COURT, WELD COUNTY, COLORADO
Case No. 99-CV-788, Division I
MOTION FOR AN ORDER APPOINTING COMMISSIONERS
DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO,
Petitioner,
v.
EVA J. FOOS; -
THE COUNTY OF WELD, COLORADO;
FRED C. JULANDER;
OUTDOOR SYSTEMS, a Delaware corporation; and
ART WILLIS, as Treasurer of Weld County,
Respondents.
COMES NOW the petitioner and moves this honorable court for an order appointing a
commission of three freeholders to determine the valuation of the property which is the subject
of this action. As grounds for said motion, petitioner states:
1. Section 38-1-105(1), C.R.S. (1999)provides that compensation to the owners in
condemnation proceedings be determined by a jury or a commission of three freeholders.
2. There have been no jury demands filed by respondents and the time for demanding a
jury has elapsed.
3. This motion does not involve a contested issue of law which would require a
memorandum brief.
DATED this 1g day of April, 2000.
�. 'art t,
L+..
2000-1191
KEN SALAZAR
Attorney General
7
TRACY'L. KINSELLA. 427361 *
Assistant Attorney General
Litigation Section
1525 Sherman Street, 5th Floor
Denver, Colorado 80203
Telephone: (303) 866-5129
Fax: (303) 866-5360
*Counsel of Record
Attorneys for Petitioner
AG ALPHA: HI DH SIFIH
AG File: P:\TR\TRKARKMC\FOOS.TK\cammapp.nmedoc
CERTIFICATE OF SERVICE
This is to certify that I have duly served the within Motion for an Order Appointing
Commissioners upon all parties herein by depositing copies of same in the United States mail,
postage prepaid, at Denver, Colorado, this/511-day of April 2000, addressed as follows:
John W. Gaddis, Esq. Don Warden
Bernard, Lyons & Gaddis, P.C. Clerk to the Board of Commissioners of
51:5 Kimbark Street Weld County
P.O. Box 978 Weld County Offices
Longmont, CO 80502-0978 915 10"' Street, 3`d Floor
(303)776-9900 Greeley, CO 80631
Attorneys for Respondent Eva J. Foos (970) 356-4000, x4200
Fred C. Julander
3249 South Detroit Street
Denver, CO 80210
(303) 757-3080
L
DISTRICT COURT, WELD COUNTY, COLORADO
Case No. 99-CV-788. Division 1
ORDER APPOINTING COMMISSIONERS TO DETERMINE COMPENSATION
DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO,
Petitioner,
v.
EVA J. FOOS;
THE COUNTY OF WELD, COLORADO;
FRED C. JULANDER;
OUTDOOR SYSTEMS, a Delaware corporation; and
ART WILLIS, as Treasurer of Weld County,
Respondents.
THIS MATTER having come on regularly for hearing this date pursuant to and in
accordance with §§ 38-1-105(1) and (2), C.R.S. (1999), and upon petitioner's motion for the
appointment of a board of commissioners of not less than three freeholders to hear the proofs and
allegations of the parties and after viewing the premises to ascertain from the evidence adduced
at the trial the compensation to be allowed the owners and persons interested in the real estate or
property proposed to be taken or damaged in this county; and the Court having noted that the
owners of the property made no jury demand as provided in § 38-1-106, C.R.S. (1999).
IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that the following
freeholders are hereby appointed for the purposes aforesaid:
Name (Chairperson/
Attorney)
Address
Business Phone
Home Phone
Name
Address
Business Phone
Home Phone
Name
Address
Business Phone
Home Phone
IT IS FURTHER ORDERED that upon request of either party the commission shall
convene to take their oath, receive instructions as to their duties from the Court, view the
premises, and receive testimony.
IT IS FURTHER ORDERED that the condemning party shall compensate the
commission chairperson at a rate of$ per hour and the remaining commission
members at a rate of$ per hour for services rendered in connection with this case.
DATED this day of , 2000.
BY 'THE COURT:
DISTRICT COURT JUDGE
2
Hello