ENERGY RESEARCH FOUNDATION v. FOOTE

No. 79CA0479.

628 P.2d 173 (1981)

ENERGY RESEARCH FOUNDATION, a Colorado non-profit corporation, on behalf of itself and each of its members; and including, both in their capacity as members of Energy Research Foundation and as individuals, Denver Brick & Pipe Co., Lakewood Brick and Tile Co., Colorado Brick Co., Robinson Brick Co., Summit Brick and Pipe Co., Claylite Concrete Products, Inc., Colorado Concrete Manufacturing Co., Cowan Concrete Products, McKinney Concrete Products, Inc., Justus Solid Cedar Homes of Colorado, Cedar Log Homes, and Valley Block Co., Plaintiffs-Appellants, v. David FOOTE, Executive Director, Office of State Planning and Budget, and Harold Knott, Director, Division of Housing, Department of Local Affairs, State of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

April 9, 1981.


Attorney(s) appearing for the Case

Law, Clark & Scheid, P.C., Ralph M. Clark, Ralph E. Hardy, David K. Pansius, Denver, for plaintiffs-appellants.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Marcia M. Hughes, Kathy Bowers, Asst. Attys. Gen., Denver, for defendants-appellees.


VAN CISE, Judge.

Plaintiffs appeal the summary judgment dismissing, for lack of standing, their action for declaratory judgment and for judicial review of standards adopted pursuant to the Energy Conservation Standards for Nonresidential Buildings Act (the nonresidential act), § 29-12-101, et seq., C.R.S. 1973 (1978 Cum.Supp.) and the Residential Building Energy Conservation Act of 1977 (the residential act), § 6-7-101, et seq., C.R. S.1973 (1978 Cum.Supp...

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