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Date: 04-27-2013

Case Style: City of Boulder v. Barry Barnow

Case Number:

Judge: Maria Berkenkotter

Court: District Court, Boulder County, Colorado

Plaintiff's Attorney:

Defendant's Attorney:

Description: The City of Boulder sued Barry Barnow on an eminent domain theory seeking to acquire by condemnation his right to access the Boulder Municipal Airport from his nearby property. Barnow claimed the right to access the airport from his property with his airplane by virtue of a 2006 "through the fence" agreement with the City.

The City offered Barnow $10,000 to his access rights, which he rejected.

In 2009, the FAA decided that all such agreements should be eliminated, due to safety concerns. After some public outcry, the FAA created an interim policy that allows the use of the agreements as long as airports submit proof that the access meets federal requirements. That proof is required in order for airports such as Boulder's to receive FAA funds.

Barnow claimed his rights under the agreement were worth $270,000.

Outcome: Defendant's verdict for $259,900.

Plaintiff's Experts:

Defendant's Experts:

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