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Posted on: June 14, 2018

Court of Appeals Affirms Boulder District Court’s Decision in Favor of Erie

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On February 16, 2017, The Boulder District Court granted the Town of Erie’s Motion to Dismiss the City of Lafayette’s petition in condemnation, finding that the ultimate reason for Lafayette’s condemning the property was to prevent a grocery store and its associated tax revenue from relocating from Lafayette to Erie. The District Court ruled that this is not a valid public purpose for condemnation. The City of Lafayette attempted to condemn 22 acres of Town-owned property at the planned commercial development of Nine Mile Corner.

Today, the Court of Appeals issued its decision on Lafayette’s appeal of the District Court ruling, and, by a unanimous decision, the Court of Appeals affirmed the District Court’s ruling in favor of Erie.

The Court of Appeals, in its decision, stated: “Because Erie sufficiently showed that Lafayette’s condemnation decision was made in bad faith and was thus not for a lawful public purpose, we affirm the district court’s judgment.”


  • View the summary of the Court of Appeals opinion here.
  • To learn more about Nine Mile Corner, please visit our website.

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