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COLO. LAND USE COM'N v. BD. OF COUNTY COM'RS

No. 79SA47

604 P.2d 32 (1979)

COLORADO LAND USE COMMISSION, Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF LARIMER, and in their official capacity, William Lopez, Chairman, David Weitzel, and Nona Thayer, the individual members of said Board, and the City of Fort Collins, the City of Loveland, the City of Longmont, the Town of Estes Park, and the Platte River Power Authority, a political corporation and a political subdivision of the State of Colorado, Appellees.

Supreme Court of Colorado, En Banc.

December 17, 1979.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Marcia M. Hughes, James L. Kurtz-Phelan, Asst. Attys. Gen., for appellant.

Harden, Napheys, Schmidt, & Hass, P. C., George H. Hass, Fort Collins, for Board of County Commissioners and Members.

Arthur E. March, Jr., Fort Collins, for City of Fort Collins.

Lynn A. Hammond, Jr., and Roger E. Clark, Randy L. Williams, Loveland, for City of Loveland.

Ralph S. Josephson, Longmont, for City of Longmont.

Babcock & White, P. C., Gregory A. White, Loveland, for Town of Estes Park.

Moses, Wittemyer, Harrison & Woodruff, P. C., John Wittemyer, Bryan W. Blakely, Boulder, for Platte River Power Authority.

Thomas O. David, Greeley, for amicus curiae Board of County Commissioners of Weld County.

Richard P. Doucette, Hot Sulphur Springs, for amicus curiae Board of County Commissioners of Grand County.

HODGES, Chief Justice.

The appellant, the Colorado Land Use Commission (Commission), initiated an action in the trial court to review the decision of the Board of County Commissioners of Larimer County (County) denying the Commission's formal request to designate a proposed electric generating plant as a matter of state concern in accordance with section 24-65.1-407(1)(c), C.R.S.1973 (1978 Supp.). This statute, which is a provision of Part 4 of the Colorado Land Use...

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