C & M SAND & GRAVEL v. BD. OF COUNTY COM'RS

No. 82CA0815.

673 P.2d 1013 (1983)

C & M SAND & GRAVEL, DIVISION OF C & M READY MIX CONCRETE COMPANY OF BOULDER, a Colorado corporation, Bertha J. Heil, Johannes Heil, Robert C. Heil, Erwin S. Heil, Martha H. Hillman, and Donald E. Heil, Trustees, Plaintiffs-Appellees and Cross-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF BOULDER, COLORADO, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. I.

September 8, 1983.


Attorney(s) appearing for the Case

Hurth, Yeager & Sisk, John M. Yeager, Boulder, for plaintiffs-appellees and cross-appellants.

Ann T. Raisch, County Atty., William F. Nagel, Asst. County Atty., Boulder, for defendant-appellant and cross-appellee.

Perry P. Burnett, Denver, for amicus curiae Colorado Counties, Inc.

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Janice L. Burnett, Paula C. Phillips, Asst. Attys. Gen., Denver, for amicus curiae Mined Land Reclamation Board.

Norton F. Tennille, Jr., Denver, George E. Benner, Jr., County Atty., Rio Blanco County, Meeker, for amicus curiae The Board of County Commissioners of the County of Rio Blanco, Colorado.

Earl G. Rhodes, County Attorney, Garfield County, Glenwood Springs, for amicus curiae The Board of County Commissioners of the County of Garfield, Colorado.

Patrick R. Mahan, County Atty., H. Lawrence Hoyt, Asst. County Atty., Golden, for amicus curiae Board of County Commissioners of Jefferson County.

Marshall McClung, Fairplay, for amicus curiae Board of County Commissioners, County of Park, Colorado.


VAN CISE, Judge.

This certiorari and declaratory judgment action was instituted in the district court as the result of the denial of an application of plaintiff C & M Sand & Gravel Division of C & M Ready Mix Concrete Company of Boulder (C & M) to defendant, Board of County Commissioners of the County of Boulder (the commissioners), for a special use permit to mine aggregate in an unincorporated area within the county. The commissioners appeal a declaratory...

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