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OCCIDENTAL OIL SHALE v. ST. BD. OF LAND COM'RS

No. 82SA455.

692 P.2d 321 (1985)

OCCIDENTAL OIL SHALE, INC., Plaintiff-Appellee, v. STATE BOARD OF LAND COMMISSIONERS OF COLORADO; and its members, Rowena Rogers, William H. Claire and Tommy Neal, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 14, 1985.

Attorney(s) appearing for the Case

Daniel R. Hale, Grand Junction, Davis, Graham & Stubbs, Robert H. Harry, Joseph P. McMahon, Jr., Denver, for plaintiff-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Melinda Kassen, Asst. Atty. Gen., Janet L. Miller, Deputy Atty. Gen., Denver, for defendants-appellants.

LOHR, Justice.

The District Court for the City and County of Denver set aside a decision of the State Board of Land Commissioners (board) denying an application by Occidental Oil Shale, Inc. (Occidental) for a permit to explore the extent of an alleged discovery of oil shale deposits on certain lands. The district court disagreed with the board's conclusion that the lands in question were not "lands belonging to the state...

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