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GREEN v. CASTLE CONCRETE COMPANY

No. 25737.

509 P.2d 588 (1973)

Laverne GREEN et al., Plaintiffs-Appellees, v. CASTLE CONCRETE COMPANY, a Colorado corporation, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 21, 1973.

Attorney(s) appearing for the Case

Bennett, Heinicke, Morrison & Hollaway, Howard Morrison, Colorado Springs, for plaintiffs-appellees.

Evans, Peterson, Torbet & Briggs, Paul V. Evans, Colorado Springs, Dawson, Nagel, Sherman & Howard, Don H. Sherwood, Paul J. Schlauch, Denver, for defendant-appellant.

Phillip A. Kendall, Colorado Springs, for amicus curiae Sierra Club.

Daniel P. Edwards, Colorado Springs, for amicus curiae Springs Area Beautiful Assn.

DAY, Justice.

In this appeal, certified to this Court by the Court of Appeals, Castle Concrete (Castle) seeks to have set aside a lower court permanent injunction by which its entire mining operation at Snyder Quarry in the Manitou Springs area will for all practical purposes be shut down. Notwithstanding that Castle was shown to be in full compliance with state statutes and zoning laws and that its operation was and is a use by right, the El Paso County district...

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