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CIMARRON CORP. v. BD. OF CTY. COM'RS, ETC.

No. 27183.

563 P.2d 946 (1977)

CIMARRON CORPORATION, a Colorado Corporation for and on behalf of itself and all others similarly situated, and Homebuilders Association of Metropolitan Colorado Springs, a Nonprofit Colorado Corporation, for and on behalf of the members of that association, Plaintiffs-Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF EL PASO et al., Defendants-Appellees, The State of Colorado, Intervenor-Appellee.

Supreme Court of Colorado, En Banc.

May 9, 1977.

Attorney(s) appearing for the Case

Robert Dunlap, Colorado Springs, for plaintiffs-appellants.

Floyd, Kramer & Lambrecht, Clark A. Floyd, Colorado Springs, for Board of County Com'rs of El Paso County.

Horn, Anderson & Johnson, Robert E. Anderson, Colorado Springs, for defendants-appellees School Districts.

Tarter, Tiedt & Sell, William R. Tiedt, Colorado Springs, for defendant-appellee El Paso County Park and Recreation District.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., James L. Kurtz-Phelan, Asst. Atty. Gen., Denver, Natural Resources Section, for intervenor-appellee.

LEE, Justice.

Appellants challenge the constitutional validity of section 30-28-133(4)(a), C.R.S. 1973, and the regulations adopted pursuant to that statute by appellee Board of County Commissioners of El Paso County. The El Paso County District Court generally upheld the statute and regulations. We affirm the district court judgment upholding the statute, but reverse as to certain of the regulations.

Appellants Cimarron Corporation and Homebuilders Association...

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