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COLORADO MIN. ASS'N. v. BOARD OF COUNTY COM'RS

No. 05CA1996.

170 P.3d 749 (2007)

COLORADO MINING ASSOCIATION, Plaintiff-Appellee, v. BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, Defendant-Appellant, and Alliance for Responsible Mining and Blue River Group of the Sierra Club, Intervenors-Defendants-Appellants.

Colorado Court of Appeals, Div. IV.

Rehearing Denied May 10, 2007.

Certiorari Granted November 13, 2007.

Attorney(s) appearing for the Case

McKenna, Long & Aldridge, LLP, Paul M. Seby, Timothy R. Odil, Denver, Colorado, for Plaintiff-Appellee.

Jeff Huntley, County Attorney, Breckenridge, Colorado; Berg, Hill, Greenleaf & Ruscitti, LLP, Josh A. Marks, Heidi C. Potter, Boulder, Colorado, for Defendant-Appellant.

Jeffrey C. Parsons, Roger Flynn, Lyons, Colorado, for Intervenors-Defendants-Appellants.

John W. Suthers, Attorney General, Cheryl A. Linden, First Assistant Attorney General, Denver, Colorado, for Amici Curiae Colorado Mined Land Reclamation Board and Colorado Division of Minerals and Geology.

Opinion by Judge ROMÁN.

In this declaratory judgment action, defendants, the Board of County Commissioners of Summit County (the County), the Alliance for Responsible Mining, and the Blue River Group of the Sierra Club, appeal the trial court judgment in favor of plaintiff, the Colorado Mining Association (CMA). The court declared certain amendments to the County's land use and development code to be invalid as preempted by the Colorado Mined Land Reclamation...

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