LAND COM'RS v. MINED LAND RECLAMATION BD.

No. 89SC612.

809 P.2d 974 (1991)

COLORADO STATE BOARD OF LAND COMMISSIONERS and Wesley D. Conda, Inc., a Colorado corporation, Petitioners, v. COLORADO MINED LAND RECLAMATION BOARD; Board of County Commissioners of Boulder County, Colorado; People for Eldorado Mountain, Inc., a Colorado non-profit corporation; and City of Boulder, Colorado, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing May 6, 1991.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Martha E. Rudolph, Asst. Atty. Gen., Denver, for Colorado State Bd. of Land Com'rs.

Welborn Dufford Brown & Tooley, P.C., Richard L. Fanyo, Sasha A. Karpov, Denver, for Wesley D. Conda, Inc.

Clyde O. Martz, Sp. Asst. Atty. Gen., Denver, for Colorado Mined Land Reclamation Bd.

Faegre & Benson, Michael S. McCarthy, Anne W. Kleinkopf, Denver, for People for Eldorado Mountain, Inc.

H. Lawrence Hoyt, Boulder County Atty., Madeline J. Mason, Asst. County Atty., Boulder, for Bd. of County Com'rs of Boulder County.

Joseph N. de Raismes, Robin Wurtzel, Boulder, for City of Boulder.

Kathleen E. Haddock, Denver, for amicus curiae Colorado Mun. League.

Marion A. Brewer, General Counsel, Colorado Counties, Inc., Denver, Beth A. Whittier, El Paso County Atty., Colorado Springs, for amicus curiae Colorado Counties, Inc.


Justice QUINN delivered the Opinion of the Court.

In Wesley D. Conda, Inc. v. Colorado State Board of Land Commissioners, 782 P.2d 851 (Colo.App.1989), the court of appeals affirmed a district court judgment which upheld the decision of the Colorado Mined Land Reclamation Board to deny the application of Wesley D. Conda, Inc. (Conda) for conversion of its permit for limited-impact mining to a regular permit for mining operations...

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