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TOWN OF CARBONDALE v. GSS PROPERTIES, LLC

No. 05SC749.

169 P.3d 675 (2007)

The TOWN OF CARBONDALE, a Colorado home rule municipal corporation, Petitioner, v. GSS PROPERTIES, LLC, a North Carolina limited liability company, Respondent.

Supreme Court of Colorado, En Banc.

October 15, 2007.

Attorney(s) appearing for the Case

Caloia Houpt & Hamilton, P.C., Mark E. Hamilton, Glenwood Springs, Colorado, Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Colorado, Attorneys for Petitioner.

Walter H. Sargent, P.C., Walter H. Sargent, Colorado Springs, Colorado, Attorney for Respondent.

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

Holme Roberts & Owen, LLP, Colin G. Harris, Boulder, Colorado, Attorney for Amici Curiae Colorado Farm Bureau and Colorado Horsemen's Council, Inc., t/a Colorado Horse Council, Inc.

Justice EID delivered the Opinion of the Court.

Petitioner the Town of Carbondale ("the Town") filed suit against Respondent GSS Properties, LLC ("GSS") concerning GSS's construction activities and use of agricultural chemicals on a tract of land located above the Town's water supply. The Town asserted, inter alia, that its local watershed ordinance prohibited the use of such chemicals. Shortly before trial, GSS moved to...

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