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GENERAL46384
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GENERAL46384
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Last modified
8/24/2016 8:19:28 PM
Creation date
11/23/2007 2:36:23 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2001001
IBM Index Class Name
General Documents
Doc Name
Boards Answer to Boyton et al v. MLRB
From
AGO
To
MLRB & DMG
Media Type
D
Archive
No
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P.2d 974 (Colo. 1991). In the case at bar, the county approved Four States' proposed operation. <br />Pol. 3, p. 1026. <br />The Board is obligated to exclude from its hearings on gravel mine permit applications <br />matters that have been reserved to the counties. Plaintiffs wanted the Boazd to deny Four States' <br />application based on cumulative impacts to the area and nuisance problems. These aze land use <br />issues properly addressed by their county commissioners. "The Board, an administrative agency, <br />may act only within the authorization of its organic legislation." O'Connor v. Rolfes, 899 P.2d <br />227, 229 (Colo. App. 1994), citing Travelers Indemnity Co. v. Barnes, 552 P.2d 300 (1976). <br />CONCLUSION <br />Four States' application was approved because the Boazd weighed the evidence and <br />found overwhelming evidence in support of approval. All parties had a full and fair opportunity <br />to prove their cases. <br />For these reasons, the Board respectfully requests that the Court affirm the order of the <br />Mined Land Reclamation Boazd. <br />Respectfully submitted this~~Z day of~-p~~-up,_-~, , 2003. <br />24 <br />
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