IN RE BALLOT TITLE 1999-2000 NO. 215

No. 00SA199.

3 P.3d 447 (2000)

In the Matter of the TITLE, BALLOT TITLE AND SUBMISSION CLAUSE, AND SUMMARY FOR 1999-2000 # 215 (PROHIBITING CERTAIN OPEN PIT MINING). Stuart Sanderson and Colorado Mining Association, Petitioners, v. Colin James Henderson and Ignacio Rodriguez, Respondents, and William Hobbs, Alan J. Gilbert, and Charles W. Pike, Title Board.

Supreme Court of Colorado, En Banc.

July 3, 2000.


Attorney(s) appearing for the Case

Hale, Hackstaff, Tymkovich & Erkenbrack, L.L.P., Timothy M. Tymkovich, Richard Daily, Denver, Colorado, Attorneys for Petitioners Stuart Sanderson and Colorado Mining Association.

Susan E. Burch, Denver, Colorado, Attorney for Respondents Colin James Henderson and Ignacio Rodriguez.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Alan J. Gilbert, Solicitor General, Maurice G. Knaizer, Deputy Attorney General, State Services Section, Denver, Colorado, Attorneys for Title Board.


PER CURIAM.

In this appeal brought pursuant to section 1-40-107(2), 1 C.R.S. (1999), petitioners Stuart Sanderson and the Colorado Mining Association ("the Petitioners") seek review of a decision by the Ballot Title Setting Board ("Title Board") denying the Petitioners' May 24, 2000, motion for rehearing. The Title Board found that it lacked jurisdiction to hear the motion. We affirm.

I.

On February 4, 2000, Colin James Henderson and Ignacio Rodriguez...

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