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PERMFILE41125
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PERMFILE41125
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Entry Properties
Last modified
8/24/2016 10:43:54 PM
Creation date
11/20/2007 10:38:33 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1980143
IBM Index Class Name
Permit File
Doc Name
CROSS MOTION FOR SUMMARY JUDGMENT
Media Type
D
Archive
No
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<br />the objections raised by plaintiffs. The holding of such a <br />hearing is purely discretionary on the part of the board if <br />it finds that "good cause" has been Shown. C.R.S. 1973, <br />34-32-110(7), 34-32-114. The board is expressly authorized <br />to conduct its business by meetings except on such occasions <br />as it shall determine that a formal adjudicatory hearing is <br />necessary. C.R.S. 1973, 34-32-115(1). <br />One may search in vain the transcript of the August <br />27, 1980 proceeding to find any request or suggestion on <br />the par+[ of plaintiffs that the matter be set down for an <br />adjudic:~tory hearing. Hence any right to such a hearing <br />(assuming good cause had been shown, which it was not) has <br />been waved by plaintiffs. <br />The board had jurisdiction to consider the Spillers <br />application by virtue of C.R,S. 1873, 34-32-105(4). Any <br />deficiencies in notice were waived by plaintiffs' appearance <br />and active participation in the board proceedings. <br />-8- <br />
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