COLORADO DEPT. OF PUBLIC HEALTH v. BETHELL

No. 01CA1944.

60 P.3d 779 (2002)

COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Plaintiff-Appellee, v. Phillip BETHELL, d/b/a Elk Springs Recycling and Recovery, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

November 7, 2002.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, David E. Kreutzer, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Ralph A. Cantafio, P.C., Ralph A. Cantafio, Steamboat Springs, Colorado, for Defendant-Appellant.


Opinion by Judge WEBB.

In this regulatory enforcement action, defendant, Phillip Bethell, d/b/a Elk Springs Recycling and Recovery, appeals the trial court's summary judgment in favor of plaintiff, Colorado Department of Public Health and Environment (CDPHE), and the penalty assessed against him. Defendant argues the trial court erroneously applied the exhaustion of remedies doctrine to bar certain of his defenses, wrongly rejected his constitutional challenges to...

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