The attorney for the city or city and county commencing the proceedings has the right to withdraw said proceedings or to dismiss the same as to one or more of said defendants or as to one or more parcels of land, without prejudice, at any stage of the proceedings, and the petitioner shall pay the costs thereof.
Source: L. 11: p. 380, § 17. C.L. § 9092. CSA: C. 163, § 135. CRS 53: § 50-6-17. C.R.S. 1963: § 50-6-17.
ANNOTATION
Meaning of this section and § 38-6-116. This section and § 38-6-116 when read in conjunction with each other mean that the proceedings mentioned in this section come to an end at the expiration of 90 days, as specified in § 38-6-116. Heimbecher v. City & County of Denver, 97 Colo. 465, 50 P.2d 785 (1935).
Applied in Fifteenth Street Inv. Co. v. City & County of Denver, 59 Colo. 189, 147 P. 677 (1915); Post Printing & Publ'g Co. v. City & County of Denver, 68 Colo. 50, 189 P. 39 (1920).