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COLORADO WATER, ETC. v. TOWN OF FREDERICK

No. 81SC62.

641 P.2d 958 (1982)

COLORADO WATER QUALITY CONTROL COMMISSION, Colorado Water Quality Control Division, and the City of Northglenn, Petitioners, v. The TOWN OF FREDERICK, the City of Fort Lupton, the Weisner Subdivision Preservation Association, Melvin Potter, Edward Quinlan, Ferne Skidmore, and Barbara Hernandez, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing March 22, 1982.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Thomas Fenton Smith, Asst. Atty. Gen., Natural Resources Section, Denver, for petitioners.

Helen Knoll, City Atty., Northglenn, for petitioner City of Northglenn.

Musick & Cope, Joseph A. Cope, Boulder, Sp. Counsel for petitioner City of Northglenn.

Francis K. Culkin, Denver, for respondents.

DUBOFSKY, Justice.

We granted certiorari to review the Court of Appeals' opinion in Town of Frederick v. Colorado Water Quality Control Commission, Colo.App., 628 P.2d 129 (1980). The Court of Appeals held that the plaintiffs did not have to acquire formal party status in an administrative proceeding prior to seeking judicial review, under the State Administrative Procedure Act (A.P.A.), of the Colorado Water Quality Control...

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