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TRI-STATE GENERATION, ETC. v. BD. OF CTY. COM'RS

No. 78-232.

600 P.2d 103 (1979)

TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., a Colorado Corporation, Plaintiff-Appellee, v. The BOARD OF COUNTY COMMISSIONERS OF LINCOLN COUNTY, Colorado, and Rex Clark, Robert P. Buzzell and Roland Meinzer, the Individual members of said Board, Defendants-Appellants, and Colorado Land Use Commission, Intervenor-Amicus Curiae.

Colorado Court of Appeals, Div. III.

Rehearing Denied June 21, 1979.

Certiorari Denied September 4, 1979.

Attorney(s) appearing for the Case

Robert T. James, Colorado Springs, for plaintiff-appellee.

George J. Francis, Denver, Frank Safranek, Limon, for defendant-appellant Board of County Commissioners of Lincoln County, Colorado.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., James L. Kurtz-Phelan, Asst. Atty. Gen., Denver, for intervenor-amicus curiae Colorado Land Use Commission.

STERNBERG, Judge.

The issue in this appeal is whether the Board of County Commissioners of Lincoln County is estopped from denying a permit to construct a power line to plaintiff Tri-State Generation and Transmission Association, Inc. Tri-State contends that the Board's action is unconstitutionally retrospective, confiscatory, and an abuse of discretion. We disagree, and therefore reverse the judgment of the district court which overturned the action of the Board...

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