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K.C.R. RESOURCES v. STATE BD. OF LAND COM'RS

No. 82SA537.

691 P.2d 330 (1984)

K.C.R. RESOURCES, INC., a Colorado corporation, Plaintiff-Appellant, v. STATE BOARD OF LAND COMMISSIONERS OF COLORADO, and its members, Rowena Rogers, William H. Claire and Tommy Neal, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

November 26, 1984.

Attorney(s) appearing for the Case

Allen A. Thoreen, Denver, for plaintiff-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Kathleen M. Bowers, Asst. Atty. Gen., Melinda Kassen, Asst. Atty. Gen., Denver, for defendants-appellees.

Davis, Graham & Stubbs, Robert H. Harry, Joseph P. McMahon, Jr., Denver, Daniel R. Hale, Grand Junction, for amicus curiae Occidental Oil Shale, Inc.

LOHR, Justice.

This is an appeal by K.C.R. Resources, Inc. from a judgment of the District Court for the City and County of Denver affirming the denial by the State Board of Land Commissioners (board) of K.C.R.'s application for a permit to explore certain state lands for coal.1 We affirm.

I.

On November 13, 1979, K.C.R. filed an application with the board for a permit under section 36-1-140, 15 C.R.S. (1973),

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