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PEOPLE EX REL. DANIELSON v. PLANK

No. 86SA346.

765 P.2d 570 (1988)

The PEOPLE of the State of Colorado ex rel. Jeris A. DANIELSON, State Engineer, and Steven Vandiver, Division Engineer for Water Division No. 3, Plaintiffs-Appellants, v. Betty F. PLANK, personal representative of David O. Plank, individually, and d/b/a Ala-Vista Truck Center, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 5, 1988.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Wendy C. Weiss, First Asst. Atty. Gen., Denver, for plaintiffs-appellants.

Mark D. Masters, Michael L. Bieda, Englewood, for David O. Plank prior to his death.

No appearance for Defendant-Appellee Betty F. Plank.

PER CURIAM.

This case was before us to determine the constitutionality of section 37-92-503(1)(b), 15 C.R.S. (1973), which provides for the award of attorney's fees against a person who violates an order of the state water engineer (State). As the case is now postured, we reverse and remand to the district court for further proceedings consistent with this opinion.

In November 1984, the division engineer for Water Division No. 3 issued an order to the defendant...

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