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ENVIROTEST SYSTEMS, CORP. v. DEPT. OF REVENUE

No. 04SA376.

109 P.3d 142 (2005)

In Re: Plaintiff: ENVIROTEST SYSTEMS, CORP., a Delaware Corporation, v. Defendant: COLORADO DEPARTMENT OF REVENUE, a Governmental Agency of the State of Colorado.

Supreme Court of Colorado, En Banc.

March 28, 2005.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Carolyn Lievers, Assistant Attorney General, Department of Revenue, Business & Licensing Section, Denver, for Plaintiff.

Hale Friesen, LLP, Allan L. Hale, Amanda A. Bradley, Denver, for Defendant.

HOBBS, Justice.

In this original proceeding under C.A.R. 21, we issued a rule to show cause why the district court's temporary restraining order issued during an ongoing Department of Revenue administrative proceeding should not be vacated.

We now make the rule absolute. We hold that the district court lacked authority to issue injunctive relief regarding a hearing officer ruling made during an ongoing administrative hearing on fines levied against Envirotest...

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