Chief Justice BENDER delivered the Opinion of the Court.
¶ 1 In this appeal, we review the court of appeals' unpublished decision in Bacheller v. General Steel Domestic Sales, LLC, No. 09CA1383, 2010 WL 1611081 (Colo.App. Apr. 22, 2010) (not published pursuant to C.A.R. 35(f)), to determine the applicability of Protect Our Mountain Environment, Inc. v. District Court,
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