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MOSS v. MEMBERS OF COLORADO WILDLIFE COM'N

No. 09CA1262.

250 P.3d 739 (2010)

Anita MOSS and Robert Westby, Plaintiffs-Appellants, v. MEMBERS OF the COLORADO WILDLIFE COMMISSION, in their official capacities; the Colorado Division of Wildlife, an administrative agency of the State of Colorado; and the Boulder County Board of Commissioners, in their official capacities, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

May 13, 2010.

Attorney(s) appearing for the Case

Susan Morath Horner, P.C., Susan Morath Horner , Boulder, Colorado, for Plaintiffs-Appellants.

John W. Suthers , Attorney General, Tim Monahan , First Assistant Attorney General, Denver, Colorado, for Defendants-Appellees Members of the Colorado Wildlife Commission and Colorado Division of Wildlife.

H. Lawrence Hoyt , County Attorney, Andrew R. MacDonald , Assistant County Attorney, Boulder, Colorado, for Defendant-Appellant Boulder County Board of Commissioners.

Opinion by Judge WEBB.

This action pits safety concerns of plaintiffs, Anita Moss and Robert Westby, over firearm hunting in rural Boulder County near their homes, against the regulatory authority of defendants Colorado Wildlife Commission (CWC) and Colorado Division of Wildlife (CDOW) (collectively the Division) which allow firearm hunting in the Sugar Loaf Mountain Area (Sugar Loaf), where plaintiffs live. Despite having passed a resolution restricting the discharge...

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