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AVSG v. BOARD OF COUNTY COM'RS OF LA PLATA

No. 00SC151.

38 P.3d 59 (2001)

ANIMAS VALLEY SAND AND GRAVEL, INC., a Colorado corporation, Petitioner/Cross-Respondent, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LA PLATA, Colorado, Respondent/Cross-Petitioner.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 14, 2002.

Attorney(s) appearing for the Case

Abadie & Zimsky, LLC, William E. Zimsky, Durango, CO, Attorneys for Petitioner/Cross-respondent.

Goldman, Robbins & Rogers, LLP, Michael A. Goldman, Jeffrey Robbins, Durango, CO, Attorneys for Respondent/Cross-petitioner.

Carolynne C. White, Denver, CO, Attorney for Amicus Curiae Colorado Municipal League.

Hall & Evans, LLC, Josh A. Marks, Melanie B. Lewis, Denver, CO, Attorneys for Amicus Curiae Colorado Counties Inc.

Grimshaw & Harring, P.C., Wayne B. Schroeder, Denver, CO, Attorneys for Amicus Curiae Peter C. Droste.

Hayes, Phillips & Maloney, P.C., John E. Hayes, Denver, CO, Attorneys for Amicus Curiae American Planning Association.

Bart Miller, Boulder, CO, Attorney for Amicus Curiae (Conservation Group): Clean Water Action (CWA); Colorado Environmental Coalition (CEG); Colorado Wild; Co-PIRG Citizen Lobby (CoPIRG); National Audobon Society; San Juan Citizens Alliance (Alliance); Western Colorado Congress (WCC); Western Slope Environmental Resource Council (WSERC).

Chief Justice MULLARKEY delivered the Opinion of the Court.

This case involves the effect of a county land use plan on real property lying within a river valley in La Plata County. The landowner, a sand and gravel company, initiated an inverse condemnation action against the county. The company alleged that the restrictions placed on its property, pursuant to the plan, result in a compensable taking. In this opinion, we apply the United States Supreme Court decision...

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