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[DOWNLOAD] "Board Of County Commissioners V. Bowen/Edwards Associates Inc." by Colorado Supreme Court ~ Book PDF Kindle ePub Free

Board Of County Commissioners V. Bowen/Edwards Associates Inc.

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eBook details

  • Title: Board Of County Commissioners V. Bowen/Edwards Associates Inc.
  • Author : Colorado Supreme Court
  • Release Date : January 08, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 85 KB

Description

This case raises the following two questions: whether in an action for declaratory and injunctive relief Bowen/Edwards Associates (Bowen/Edwards), a corporate entity engaged in oil and gas development and operations in La Plata County, has standing to challenge the validity of the county's land-use regulations pertaining to oil and gas activities within the county without first filing a permit-application with the county and obtaining administrative approval of the application; and whether the Colorado Oil and Gas Conservation Act, §§ 34-60-101 to -126, 14 C.R.S. (1984 & 1991 Supp.), completely preempts La Plata County's authority to enact land-use regulations for oil and gas operations within the county. In Bowen/Edwards Associates, Inc. v. Board of County Comm'rs of La Plata County, 812 P.2d 656 (Colo. App. 1990), the court of appeals held that Bowen/Edwards has standing to challenge La Plata County's land-use regulations and that the Oil and Gas Conservation Act totally preempts the county's land-use authority over all aspects of oil and gas development and operations within the county. We granted certiorari to review the decision of the court of appeals. We now affirm that part of the judgment which accords standing to Bowen/Edwards, and we reverse that part of the judgment which holds that the Oil and Gas Conservation Act prohibits La Plata County from exercising any aspect of its land-use authority over oil and gas development and operations within the county. We accordingly remand the case for further proceedings.


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