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KEYAH GRANDE, LLC v. COLORADO DEPT. OF AGR.

No. 05CA0388.

159 P.3d 727 (2006)

KEYAH GRANDE, LLC, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF AGRICULTURE; Don Ament, Commissioner of Agriculture; and Colorado Agricultural Commission, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

October 5, 2006.

Attorney(s) appearing for the Case

Berenbaum, Weinshienk & Eason, P.C., Michael J. Belo, Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers, Attorney General, Stephen G. Smith, Assistant Attorney General, Tyson H. Powell, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge HAWTHORNE.

In this case involving the destruction of elk, plaintiff, Keyah Grande, LLC, appeals from a summary judgment in favor of defendants, Colorado Department of Agriculture; Don Ament, Commissioner of Agriculture; and Colorado Agricultural Commission (collectively the Department). We reverse and remand for further proceedings.

I.

In the fall of 2001, the Department identified twenty elk in Keyah Grande's herd that may have...

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