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KOURLIS v. DISTRICT COURT, EL PASO COUNTY

No. 96SA355.

930 P.2d 1329 (1997)

Thomas A. KOURLIS, Commissioner of Agriculture, Colorado Department of Agriculture, Petitioner, v. DISTRICT COURT, EL PASO COUNTY; Colorado Animal Refuge, Inc., a Suspended Colorado Corporation; and Mary Port, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 18, 1997.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Richard Westfall, Solicitor General, Merrill Shields, Deputy Attorney General, Richard Djokic, First Assistant Attorney General, Katie Troudt Riley, Assistant Attorney General, Richard Delliveneri, Assistant Attorney General, Regulatory Law Section, Denver, for Petitioner.

William M. Schoewe, Colorado Springs, for Respondent.

Justice HOBBS delivered the Opinion of the Court.

This original proceeding is brought pursuant to C.A.R. 21 by the Commissioner of Agriculture (the Commissioner) to review the August 20, 1996 order of the El Paso County District Court denying the Commissioner's motion for entry of a temporary restraining order.1 The Commissioner sought to enforce a cease and desist order against respondents Colorado Animal Refuge, Inc. and Mary Port for...

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