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BOARD OF COM'RS v. COSTILLA CONSERVANCY

No. 02SC743.

88 P.3d 1188 (2004)

BOARD OF COUNTY COMMISSIONERS, COSTILLA COUNTY, Colorado, Petitioner, v. COSTILLA COUNTY CONSERVANCY DISTRICT and Michael McGowan, Respondents.

Supreme Court of Colorado, En Banc.

April 19, 2004.

Attorney(s) appearing for the Case

Edwin J. Lobato Alamosa, Colorado, Attorney for Petitioner.

Kelly, Haglund, Garnsey & Kahn LLC, James W. Hubbell, Kaplan Kirsch Rockwell LLP, Lori Potter, Denver, Colorado, Attorneys for Respondents.

Hall & Evans, L.L.C., Thomas J. Lyons, Denver, Colorado, Attorneys for Amicus Curiae Colorado Counties, Inc.

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

Bill Goldberg, Denver, Colorado, Attorney for Amicus Curiae Common Cause of Colorado.

Faegre & Benson LLP, Thomas B. Kelley, Steven D. Zansberg, Adam Lindquist Scoville, Denver, Colorado, Attorneys for Amici Curiae Colorado Press Association and Colorado Freedom of Information Council.

Justice BENDER delivered the Opinion of the Court.

Introduction

In this case, we consider whether the Board of County Commissioners of Costilla County was required under Colorado's Open Meetings Law, § 24-6-401 to -402, 7B C.R.S. (2003) ("OML"), to give notice of a meeting called by two state agencies and a private mine that was attended by two county commissioners. The trial court held that the Board was not required to give notice of the meeting and...

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