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AGC v. BOARD OF OIL, GAS AND MINING

No. 20000389.

38 P.3d 291 (2001)

2001 UT 112

ASSOCIATED GENERAL CONTRACTORS, Utah Chapter, Plaintiff and Appellant, v. BOARD OF OIL, GAS AND MINING, Department of Natural Resources, State of Utah, Defendant and Appellee.

Supreme Court of Utah.

December 21, 2001.

Attorney(s) appearing for the Case

Joseph C. Rust, Salt Lake City, for plaintiff.

Mark L. Shurtleff, Att'y Gen., Thomas A. Mitchell, Asst. Att'y Gen., Salt Lake City, for defendant.

RUSSON, Associate Chief Justice.

¶ 1 Appellant Associated General Contractors ("AGC") filed suit challenging the Board of Oil, Gas and Mining's ("the Board") promulgation of a rule defining the terms "sand," "gravel," and "rock aggregate" as used in sections 40-8-4(3)(b) and 40-8-4(8)(b) of the Utah Code. The district court upheld the rule, granting summary judgment in favor of the Board. We affirm.

BACKGROUND

¶ 2 The Utah Mined Land Reclamation...

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