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COUNTY COM'RS v. BOWEN/EDWARDS ASSOC.

No. 90SC516.

830 P.2d 1045 (1992)

BOARD OF COUNTY COMMISSIONERS, LA PLATA COUNTY, Colorado, Petitioner, v. BOWEN/EDWARDS ASSOCIATES, INC., Respondent.

Supreme Court of Colorado, En Banc.

June 8, 1992.

Attorney(s) appearing for the Case

K. Kane Graves, Shand, McLachlan, Newbold & Spear, P.C., Michael E. McLachlan, Bryson P. Burnham, Durango, for petitioner.

Dugan & Associates, Thomas P. Dugan, Thornton W. Price, III, Lon W. Abadie, Durango, for respondent.

Marion A. Brewer, Denver, J. Mark Hannen, Castle Rock, Don K. Deford, Glenwood Springs, Maurice Lyle Dechant, Grand Junction, Lee D. Morrison, Greeley, Robert J. Lowe, Brighton, for amicus curiae Colorado Counties, Inc.

Gorsuch, Kirgis, Campbell, Walker & Grover, William A. Keefe, Hugh V. Schaefer, Kenneth A. Wonstolen, Denver, for amicus curiae Colorado Petroleum Ass'n.

Lohf, Shaiman & Ross, P.C., David G. Ebner, J. Michael Morgan, Denver, for amicus curiae Colorado Oil and Gas Ass'n and Independent Petroleum Ass'n of the Mountain States.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Timothy J. Monahan, Asst. Atty. Gen., Denver, for amicus curiae Colorado Oil and Gas Conservation Com'n.

William Perry Pendley, Steven J. Lechner, Denver, for amicus curiae Mountain States Legal Foundation, John T. Jolly, and Cheryl A. Jolly.

Justice QUINN delivered the Opinion of the Court.

This case raises the following two questions: whether in an action for declaratory and injunctive relief Bowen/Edwards Associates (Bowen/Edwards), a corporate entity engaged in oil and gas development and operations in La Plata County, has standing to challenge the validity of the county's land-use regulations pertaining to oil and gas activities within the county without first filing a permit-application with the...

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