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STATE, DEPT. OF HEALTH v. THE MILL

No. 89SC575.

809 P.2d 434 (1991)

STATE of Colorado, DEPARTMENT OF HEALTH, Petitioner, v. THE MILL, a limited partnership, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 6, 1991.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Jerry W. Goad, First Asst. Atty. Gen., Natural Resources Section, Denver, for petitioner.

Thomas Fenton Smith, Pitkin County Atty., Aspen, and Marion A. Brewer, General Counsel, Colorado Counties, Inc., Denver, for amicus curiae Colorado Counties, Inc.

George Alan Holley, Eric E. Torgersen, Holley, Albertson & Polk, P.C., Golden, for respondent.

Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari to review The Mill v. State, 787 P.2d 176 (Colo.Ct.App.1989). We conclude that the court of appeals erred in holding, first, that the owner of a uranium-contaminated mill site could bring an inverse condemnation action against a state agency which had no condemnation authority, and, second, that the owner's claims for regulatory taking and promissory...

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