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CONDA, INC. v. STATE BD. OF LAND COM'RS

Nos. 88CA0373, 88CA0375.

782 P.2d 851 (1989)

WESLEY D. CONDA, INC., a Colorado corporation, Plaintiff-Appellant, v. COLORADO STATE BOARD OF LAND COMMISSIONERS, Defendant-Appellant, and Colorado Mined Land Reclamation Board and Board of County Commissioners of Boulder County, Defendants-Appellees, and People For Eldorado Mountain, a Colorado non-profit corporation, and City of Boulder, Colorado, Defendants-Intervenors-Appellees.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing October 5, 1989.

Attorney(s) appearing for the Case

Welborn Dufford Brown & Tooley, Richard L. Fanyo and Sasha A. Karpov, Denver, for plaintiff-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Martha E. Rudolph, Asst. Atty. Gen., Denver, for defendant-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Clyde O. Martz, Sp. Asst. Atty. Gen., Denver, for defendant-appellee Colorado Mined Land Reclamation Bd.

H. Lawrence Hoyt, County Atty., and Madeline J. Mason, Asst. County Atty., Boulder, for defendant-appellee Bd. of County Com'rs of Boulder County.

Faegre & Benson, Michael S. McCarthy and Anne W. Kleinkopf, Denver, for defendant-intervenor-appellee People for Eldorado Mountain.

Joseph N. deRaismes, City Atty., and Edward R. Byrne, Asst. City Atty., Boulder, for defendant-intervenor-appellee City of Boulder.

Opinion by Judge STERNBERG.

The plaintiff, Wesley D. Conda, Inc., and the defendant, Colorado State Board of Land Commissioners (the commission), appeal the trial court's order in favor of the defendant Colorado Mined Land Reclamation Board (MLRB). We affirm.

Since 1977, Conda has leased approximately 460 acres of state school land from the commission in Boulder County. The area is zoned as forestry (F) under the Boulder County Zoning Resolution. Conda mined...

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