Check this out: the first page of the recently-filed Reply Brief in the cert-stage briefing in a case we've been following out of the Colorado courts, and which we highlighted at the ALI-CLE Eminent Domain and Land Valuation Litigation Conference which we wrapped just last week in Charleston, South Carolina.
Talked about last week, on the pages of cert briefs this week!
The condemning agency is asking the Colorado Supreme Court to review the Court of Appeals' conclusion that property eventually being put to a public use was not sufficient, and the condemnor needed to show a public purpose for the taking. The Reply brief correctly notes we featured the case in our opening session and labeled it "interesting" -- perhaps the most important public use case from a state appellate court in 2017 -- precisely because we thought the Colorado Court of Appeals got it exactly right when it held that the mere fact that the road may end up in public hands was not enough, and that a private benefit or purpose invalidated the taking for lack of public use or necessity.
Read our entire post on the case here ("Attempted Taking For Public Road Not A Public Purpose, Not Necessary: Alter Ego Developer, Not The Public, Is Beneficiary Of The Taking").
Here are the cert briefs in the case:
See what you miss out on when you don't come to the ALI Conference? Don't make that mistake in 2019, when we'll be in Palm Springs, California!
