INFORMATION PLEASE v. DISTRICT COURT, ETC.

No. 27609.

568 P.2d 1162 (1977)

INFORMATION PLEASE, INC., John Amen, Reuben Bostron, George Green, and Harold Griffith, Petitioners, v. The DISTRICT COURT IN AND FOR MORGAN COUNTY and Judge Earl A. Wolvington, Board of County Commissioners of Morgan County, Planning Commission of Morgan County, and Public Service Company of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

September 12, 1977.


Attorney(s) appearing for the Case

Bermingham, White, Burke & Ipsen, Michael D. White, Raymond L. Petros, Denver, Alpert & Teichman, Peter I. Alpert, Fort Morgan, for petitioners.

George M. Reddin, Fort Morgan, for Board of County Commissioners of Morgan County.

E. Ord Wells, Fort Morgan, for Planning Commission of Morgan County.

Kelly, Stansfield & O'Donnell, Fred L. Witsell, Richard W. Bryans, Timothy J. Flanagan, Denver, C. H. Anderson, Brush, for Public Service Company of Colorado.


ERICKSON, Justice.

Pursuant to C.A.R. 21, the petitioners sought relief in the nature of mandamus. We issued a rule to show cause and now make the rule absolute.

The Public Service Company filed an application with the Board of County Commissioners of Morgan County to rezone 1680 acres of land to permit construction of a coal-fired-steam electric generating station near Brush, Colorado. Following a hearing, the land was rezoned and a special use permit was...

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