LLOYD A. FRY ROOFING CO. v. STATE DEPT. OF HEALTH, ETC.

No. 25359.

499 P.2d 1176 (1972)

LLOYD A. FRY ROOFING COMPANY, a corporation, Plaintiff-Appellant, v. The STATE of Colorado DEPARTMENT OF HEALTH AIR POLLUTION VARIANCE BOARD, and their successors in office from time to time, et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 21, 1972.


Attorney(s) appearing for the Case

Rothgerber, Appel & Powers, Ira C. Rothgerber, Jr., Denver, for plaintiff-appellant.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., William Tucker, Asst. Atty. Gen., Denver, for defendants-appellees State of Colo. Dept. of Health Air Pollution Variance Board and State of Colo. Air Pollution Control Comm.

David Foster, Denver, for Colorado Dept. of Public Health.

Robert T. Page, Allan Reiver, Thomas Frank, Denver, for defendants-appellees The Globeville Civic Ass'n, Stapleton Community Buying Club (Inc.), NOD (Inc.), and United Swansea, Inc.


DAY, Justice.

This is an appeal challenging the constitutionality of the Air Pollution Control Act of 1970 (1971 Perm.Supp., C.R.S.1963, 66-31-1 et seq.), the propriety of certain administrative proceedings before the Air Pollution Variance Board, and the failure of the Colorado Air Pollution Control Commission to hold a review.

The proceedings herein were commenced under 1967 Perm.Supp., C.R.S.1963, 66-29-1 et seq. Fry Roofing Company was notified by letter...

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