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AZTEC MINERALS CORP. v. ROMER

No. 95CA1108.

940 P.2d 1025 (1996)

AZTEC MINERALS CORPORATION, Gray Eagle Mining Corporation and South Mountain Minerals Corporation, Plaintiffs-Appellants, v. Roy ROMER, Governor, State of Colorado; Patricia Nolan, Executive Director, Colorado Department of Public Health and Environment; James L. Lochhead, Executive Director, Colorado Department of Natural Resources, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied December 19, 1996.

Certiorari Denied July 28, 1997.

Attorney(s) appearing for the Case

Gablehouse & Epel, P.C., Timothy R. Gablehouse, Debra L. Smith, Karina M. Thomas, Denver, for Plaintiffs-Appellants.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Gregg E. Kay, First Assistant Attorney General, Stephen M. Brown, Assistant Attorney General, Denver, for Defendants-Appellees.

Opinion by Justice ERICKSON.*

Plaintiffs, Aztec Minerals Corporation, Gray Eagle Mining Corporation, and South Mountain Minerals Corporation, appeal from a judgment of the district court dismissing their complaint with prejudice. Defendants are the State of Colorado; Roy Romer, Governor; the Colorado Department of Public Health and Environment (CDPHE); Patricia Nolan, Executive Director; the Colorado Department of Natural Resources (DNR...

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