GOLDEN'S CONCRETE CO. v. STATE

No. 95CA0069.

937 P.2d 789 (1996)

GOLDEN'S CONCRETE COMPANY, Golden Gravel Company, Golden Construction Company, and United Companies of Mesa County, Inc., Plaintiffs-Appellants and Cross-Appellees, v. STATE of Colorado; Gale Norton, in her official capacity as Attorney General; Department of Revenue for the State of Colorado; Renny Fagan, in his official capacity as Executive Director, Department of Revenue of the State of Colorado; Dee Hartman, in his official capacity as Director, Division of Motor Vehicles, Larry D. Huls, in his official capacity as Assistant Director, Division of Motor Vehicle; Jean Gouin, in her official capacity as Program Administrator, Division of Motor Vehicles; and Jaki Berry, in her official capacity as Administrative Officer, Motor Carrier Services, Division of Motor Vehicles, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing July 25, 1996.

Certiorari Granted June 9, 1997.


Attorney(s) appearing for the Case

King & Isaacson, Scott E. Isaacson, Salt Lake City, Utah; Hutchison, Neider, Ward & King, Richard C. Hutchison, Murray, Utah, for Plaintiffs-Appellants and Cross-Appellees.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Mark W. Gerganoff, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees and Cross-Appellants.


OPINION

Opinion by Judge TAUBMAN.

In this action challenging the state's implementation of a 1989 statute concerning the collection of truck registration fees from intrastate motor vehicle carriers, plaintiffs, Golden's Concrete Company, Golden Gravel Company, Golden Construction Company, and United Companies of Mesa County, Inc., appeal the trial court's judgment of dismissal against them for failure to exhaust...

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