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SIERRA CLUB v. BILLINGSLEY

No. 05CA2607.

166 P.3d 309 (2007)

SIERRA CLUB, Plaintiff-Appellant and Cross-Appellee, v. Graham BILLINGSLEY, in his official capacity as Director of Boulder County Land Use Department, and Boulder County Board of Adjustment, Defendants-Appellees and Cross-Appellants, and Cemex, Inc., Defendant-Intervenor-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. II.

June 28, 2007.

Attorney(s) appearing for the Case

John M. Barth, Hygiene, Colorado, for Plaintiff-Appellant and Cross-Appellee.

H. Lawrence Hoyt, Boulder County Attorney, Pat A. Mayne, Deputy Boulder County Attorney, Boulder, Colorado, for Defendants-Appellees and Cross-Appellants.

Petros & White, LLC, Raymond L. Petros, Jr., Jennifer Soice Pelz, Denver, Colorado, for Defendant-Intervenor-Appellee and Cross-Appellant.

Opinion by Judge TERRY.

In this appeal, we review under C.R.C.P. 106(a)(4) a determination of defendant Boulder County Board of Adjustment (BOA) applying provisions of the Boulder County Land Use Code (Code) to a special use permit (Permit) issued to the predecessor in interest of intervenor, Cemex, Inc. The Permit conditionally approved the use of discarded tires as fuel for the manufacturing of cement. We also review a claim that defendant Graham Billingsley, in...

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