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W. COLORADO CONGRESS v. DEPT. OF HEALTH

No. 91CA0684.

844 P.2d 1264 (1992)

WESTERN COLORADO CONGRESS, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF HEALTH; Umetco Minerals Corporation; Town of Naturita; West End Business Council; and Public Service Company of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 10, 1992.

Attorney(s) appearing for the Case

Don & Hiller, P.C., David L. Hiller, Denver, for plaintiff-appellant.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Jerry W. Goad, First Asst. Atty. Gen., Denver, for defendant-appellee Colo. Dept. of Health.

Holme Roberts & Owen, Henry W. Ipsen, Karen E. Robertson, Denver, for defendant-appellee Umetco Minerals Corp.

No appearance for defendants-appellees Town of Naturita, West End Business Council and Public Service Co. of Colo.

Opinion by Judge MARQUEZ.

Plaintiff, Western Colorado Congress (WCC), appeals the trial court's judgment upholding a decision by the defendant, the Colorado Department of Health (the Department), to issue a radioactive materials license to defendant, Umetco Minerals Corporation (Umetco), for the construction and operation of a low-level radioactive waste disposal facility on property known as the "East Bench Site" near Uravan, Colorado. We reverse and remand for further...

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