(DOWNLOAD) "Board Of County Commissioners V. Slovek" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Board Of County Commissioners V. Slovek
- Author : Colorado Supreme Court
- Release Date : January 25, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
We granted certiorari to review the measure of damages utilized by the Colorado Court of Appeals for negligent injury to real property in Slovek v. Board of County Commissioners, 697 P.2d 781 (Colo. App. 1984), and to determine whether the award of costs against the defendant Board of County Commissioners of Weld County (county) in that case was permissible. After a trial to the court, the Weld County District Court awarded judgment for $15,550 in damages, plus costs, in favor of the plaintiff property owners, the Sloveks, and against the county based upon the county's negligence in allowing river water to enter a gravel pit on its property, overflow from that pit, and inundate much of the Sloveks' property. The trial court assessed damages based upon the difference between the market values of the Sloveks' property before and after the flooding. The Sloveks appealed, asserting, among other things, that the damages should have been measured by the cost of restoring their property to the condition existing before the flooding plus additional amounts for their loss of use and enjoyment of the property and for their annoyance and discomfort. The court of appeals agreed and remanded the case to the district court for a redetermination of damages. On cross-appeal, the court of appeals also rejected the county's challenge to the award of costs. We modify and affirm the court of appeals' judgment concerning damages, affirm the award of costs, and remand this case for further proceedings.
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