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BOARD OF COUNTY COM'RS v. BDS INTERN., LLC.

No. 04CA1679.

159 P.3d 773 (2006)

BOARD OF COUNTY COMMISSIONERS OF GUNNISON COUNTY, Colorado, Plaintiff-Appellant and Cross-Appellee, v. BDS INTERNATIONAL, LLC., Defendant, and Colorado Oil and Gas Conservation Commission, Intervenor-Appellee, and Gunnison Energy Corporation, Intervenor-Appellee and Cross-Appellant.

Colorado Court of Appeals, Division II.

December 14, 2006.

Attorney(s) appearing for the Case

David Baumgarten, County Attorney, Gunnison, Colorado; Sullivan Green Seavy, LLC, Barbara J.B. Green, John T. Sullivan, Boulder, Colorado, for Plaintiff-Appellant and Cross-Appellee.

No Appearance for Defendant-Appellee.

John W. Suthers, Attorney General, Carol Harmon, Assistant Attorney General, Denver, Colorado, for Intervenor-Appellee.

Brownstein Hyatt & Farber, P.C., Timothy R. Beyer, Wayne F. Forman, Mark J. Mathews, Denver, Colorado, for Intervenor-Appellee and Cross-Appellant.

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

Hall & Evans, L.L.C., Beth A. Dickhaus, Denver, Colorado, for Amicus Curiae Colorado Counties, Inc.

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

Opinion by Judge TAUBMAN.

Plaintiff, Board of County Commissioners of Gunnison County (the County), appeals from a partial summary judgment in favor of defendant, BDS International, LLC. (BDS), and intervenor, the Colorado Oil and Gas Conservation Commission (COGCC), in which the trial court invalidated numerous county oil and gas regulations based on state preemption. Intervenor Gunnison Energy Corporation (GEC) cross-appeals the partial denial of summary judgment...

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