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HAJEK v. BD. OF COUNTY COM'RS FOR BOULDER

Court of Appeals No. 18CA2454.

461 P.3d 665 (2020)

2020 COA 28

Sara Susie HAJEK, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS FOR BOULDER COUNTY, Colorado; Fair Farm, LLC, a Colorado limited liability company; and Walter F. Pounds, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Announced February 13, 2020.

Attorney(s) appearing for the Case

Spencer Fane LLP, Jacob F. Hollars , Gilbert F. McNeish , Denver, Colorado, for Plaintiff-Appellant.

Ben Perlman , County Attorney, David Hughes , Deputy County Attorney, Katherine A. Burke , Senior Assistant County Attorney, Boulder, Colorado, for Defendant-Appellee Board of County Commissioners for Boulder County, Colorado.

Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, P.C., Timothy J. O'Neill , Longmont, Colorado, for Defendant-Appellees Fair Farm, LLC and Walter F. Pounds.

¶1 State law requires that before a local government approves a development permit involving a significant "new water use," the local government must consider the adequacy of the development's proposed water supply. § 29-20-103(1)(b), C.R.S. 2019. In this C.R.C.P. 106(a)(4) action, we must determine, as a matter of...

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