WHELDEN v. BOARD OF COUNTY COM'RS

No. 86CA1587.

782 P.2d 853 (1989)

Leroy WHELDEN and Pam Whelden; Gerald Schreiber and Kay Schreiber; Steven Lee Baker and Patricia Lynn Baker; Raymond A. Haller and June Haller; Robert D. Gilbert and Judy A. Gilbert; and The Board of County Commissioners of the County of Washington, State of Colorado, Plaintiffs-Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ADAMS, State of Colorado; Ronald D. Nichol, Leo M. Younger, Jr., Steven E. Cramer, as members of the Board of County Commissioners of the County of Adams, State of Colorado; and Highway 36 Land Development Company, a Colorado corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 12, 1989.


Attorney(s) appearing for the Case

French & Stone, P.C., Joseph C. French and Mark M. Haynes, Boulder, for plaintiffs-appellants.

Charles P. Siner, Adams County Atty., and Ronald K. Olson, Deputy County Atty., Brighton, for defendants-appellees Board of County Commissioners of County of Adams, State of Colo., and Ronald D. Nichol, Leo M. Younger, Jr. and Steven E. Cramer.

Parcel, Mauro, Hultin & Spaanstra, Paul F. Hultin, James R. Spaanstra and Marcus L. Squarrell, Denver, for defendant-appellee Highway 36 Land Development Co.


Opinion by Chief Judge KELLY.

The plaintiffs appeal the district court's judgment affirming the decision of the defendant, Adams County Board of County Commissioners, to grant a certificate of designation for a hazardous waste disposal site to Highway 36 Land Development Company (Highway 36). We affirm.

In 1982, Highway 36 applied for permission from the Board to build and operate a hazardous waste disposal site. The application sought both a certificate of...

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