BOARD OF COUNTY COM'RS v. COGCC

No. 02CA1879.

81 P.3d 1119 (2003)

BOARD OF COUNTY COMMISSIONERS of LAPLATA COUNTY, Board of County Commissioners of Archuleta County, Board of County Commissioners of Las Animas County, Board of County Commissioners of Routt County, and Board of County Commissioners of San Miguel County, Plaintiffs-Appellants, v. COLORADO OIL AND GAS CONSERVATION COMMISSION, an Agency of the State of Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 13, 2003.


Attorney(s) appearing for the Case

Goldman, Robbins & Rogers, LLP, Jeffery P. Robbins, Lindsey K.S. Nicholson, Durango, CO, for Plaintiffs-Appellants.

Mary Deganhart-Weiss, County Attorney, Pagosa Springs, CO, for Plaintiff-Appellant Board of County Commissioners of Archuleta County.

Dodridge C. Shelby, County Attorney, Denver, CO, for Plaintiff-Appellant Board of County Commissioners of Las Animas County.

John D. Merrill, County Attorney, Steamboat Springs, CO, for Plaintiff-Appellant Board of County Commissioners of Routt County.

Steven J. Zwick, County Attorney, Telluride, CO, for Plaintiff-Appellant Board of County Commissioners of San Miguel County.

Ken Salazar, Attorney General, Carol J. Harmon, Assistant Attorney General, Denver, CO, for Defendant-Appellee.

Hall & Evans, LLC, Thomas J. Lyons, Denver, CO, for Amicus Curiae Colorado Counties, Inc.

Geoffrey T. Wilson, Denver, CO, for Amicus Curiae Colorado Municipal League.

Kenneth A. Wonstolen, Denver, CO, for Amicus Curiae Colorado Oil & Gas Association.


ORDER REVERSED

Opinion by Judge CASEBOLT.

In this action seeking judicial review of an agency rule under the Administrative Procedure Act, § 24-4-101, et seq., C.R.S. 2002(APA), and for declaratory judgment under C.R.C.P. 57, plaintiffs, the Boards of County Commissioners of the Counties of La Plata, Archuleta, Las Animas, Routt, and San Miguel, appeal the order of the district court dismissing their action against defendant, the Colorado Oil and Gas...

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