CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado, Plaintiff-Appellant,
Colorado Association of Commerce and Industry, Plaintiff in Intervention Appellant, and
Chemical Waste Management, Inc., a Delaware corporation; Colorado Disposal, Inc., a Colorado corporation; Waste Management, Inc., a Delaware corporation, Defendants-Appellants,
v.
Thomas EGGERT, Charles Pitts, and John Nicholl, in their official capacities as members and commissioners of the Board of County Commissioners of the County of Arapahoe; The Board of County Commissioners of the County of Arapahoe; The Metropolitan Denver Sewage Disposal District No. 1, a political subdivision of the State of Colorado; The Tri-County District Health Department, a political subdivision of the State of Colorado; The State of Colorado; The Colorado Department of Health, a department of the State of Colorado; Frank Traylor, in his official capacity as Executive Director of the Department of Health; Shell Oil Company, a Delaware corporation; Shell Chemical Company, a division of Shell Oil Company; John Doe(s), Defendants-Appellees, and
Citizens Against Lowry Landfill and City of Aurora, Defendants and Intervention-Appellees.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
June 21, 1982.
Rehearings Denied July 12, 1982.
Attorney(s) appearing for the Case
Max P. Zall, City Atty., John L. Stoffel, Jr., Robert M. Kelly, George J. Cerrone, Jr., Asst. City Attys., Denver, for the City and County of Denver.
Holland & Hart, John Fleming Kelly, Jeffrey C. Pond, and Davis, Graham & Stubbs, John M. Sayre, Gregory J. Hobbs, Jr., Denver, for Colorado Ass'n of Commerce and Industry.
Saunders, Snyder, Ross & Dickson, P. C., Eugene F. Megyesy, Jr., Martha Phillips Feiten, Denver, for Chemical Waste Management, Inc.; Colorado Disposal, Inc.; and Waste Management, Inc.
Peter L. Vana, III, Arapahoe County Atty., Littleton, and McMartin, Burke, Loser & Fitzgerald, P. C., Ronald S. Loser, Herbert C. Phillips, Englewood, for Thomas Eggert, Charles Pitts, John Nicholl and the Board of County Commissioners of the County of Arapahoe.
Inman & Flynn, P. C., John J. Flynn, Jr., Denver, for Metro Denver Sewage Disposal Dist. No. 1.
J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Janice L. Burnett, David K. Rees, Asst. Attys. Gen., Denver, for the State of Colo., Colorado Dept. of Health; and Frank Traylor, Executive Director of the Dept. of Health.
Musick & Cope, Richard M. Foster, Robert C. Kerr, Boulder, for Citizens Against Lowry Landfill.
Claybourne M. Douglas, Asst. City Atty., Aurora, for the City of Aurora.
Supreme Court of Colorado, En Banc.
DUBOFSKY, Justice.
The plaintiff, City and County of Denver, its contractor, Chemical Waste Management, Inc. (Chemical Waste) and Metropolitan Denver Sewage Disposal District No. 1 (Metro)1 appeal a judgment of the Denver district court affirming the defendant Arapahoe County Commissioners' order that Denver, Chemical Waste and Metro cease and desist depositing hazardous wastes and sewage sludge at the Lowry Landfill. Denver's complaint...
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