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U.S. POLLUTION CONT. v. BD. OF CTY. COM'RS

No. 84CA0638.

714 P.2d 511 (1985)

U.S. POLLUTION CONTROL, INC., an Oklahoma corporation, Plaintiff-Appellant, v. The BOARD OF COUNTY COMMISSIONERS, LAS ANIMAS COUNTY, Colorado, Roland Yarberry, Eugene D. Lujan, and Ben C. Mestas, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing January 16, 1986.

Attorney(s) appearing for the Case

Kelly, Potter & Barshov, P.C., Eric Damian Kelly, Deborah R. Eyler, Gary J. Raso, Pueblo, for plaintiff-appellant.

Carmel A. Garlutzo, Trinidad, for defendants-appellees.

BERMAN, Judge.

In this case in which the district court affirmed the denial of a special use permit for a hazardous waste site entered in accordance with county zoning regulations, the issue before us is whether the State Hazardous Waste Siting Act (the Act), § 25-15-200.1, et seq., C.R.S. (1982 Repl. Vol. 11), exclusively controls the procedures for granting an application to operate a hazardous waste site. We hold that it does. Therefore, we affirm the judgment...

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