Court of Appeals remands West Acres case back to District Court
August 5, 2010
Steamboat Springs — The Colorado Court of Appeals today reversed an earlier District Court ruling in Steamboat Springs that denied residents of the West Acres Mobile Home Park the right to sue for compensation over the condemnation of a greenbelt for road construction.
The Appeals Court ruling does not award damages to the mobile homeowners. Instead, it remands the matter back to District Court for trial.
District Court Judge Shelley A. Hill previously ruled that the mobile homeowners, who do not own the land under their houses, did not have standing to seek compensation for the loss of the greenbelt.
However, the Appeals Court, citing a 2001 case among others, and found that the condemnation statute allows any person not made a party to the condemnation case, to become one by filing a cross petition establishing that they have an interest in the condemned property.
Steamboat Springs attorney John Grassby, representing the mobile home owners, said he believes the Appeals Curt ruling establishes a new legal precedent in Colorado.