Debora M. Palizzi Gloria A. Bennett and Palizzi & Son, Inc., a Colorado Corporation v. City of Brig — Coats, J…

Summary

Justice Coats dissents from allowing the condemned strip to be valued according to a commercial and residential use that, because of mandatory dedication requirements, the strip could never legally have attained. He would hold that the court, rather than the jury, must determine the legal effect of undisputed zoning and dedication restrictions and exclude valuation evidence based on a legally unavailable use. Chief Justice Mullarkey and Justice Martinez joined the dissent.