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AZTEC MINERALS CORP. v. STATE

No. 98CA0303.

987 P.2d 895 (1999)

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

Colorado Court of Appeals, Div. V.

Rehearing Denied April 15, 1999.

Certiorari Denied November 1, 1999.

Attorney(s) appearing for the Case

Gablehouse & Epel, Timothy R. Gablehouse, Donn L. Calkins, Denver, Colorado, for Plaintiffs-Appellants.

Gale A. Norton, Attorney General, Richard A. Westfall, Solicitor General, Joseph C. Smith, Jr., Deputy Attorney General, Cheryl A. Linden, First Assistant Attorney General, Stephen M. Brown, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge VOGT.

Plaintiffs, Aztec Minerals Corporation, Gray Eagle Mining Corporation, and South Mountain Minerals Corporation, appeal from an order awarding attorney fees and costs to defendants, the State of Colorado, Roy Romer, Governor; the Colorado Department of Public Health and Environment, Patricia Nolan, Executive Director; and the Colorado Department of Natural Resources, James L. Lochhead, Executive Director. We affirm.

Plaintiffs commenced...

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