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STONE ENVIR. ENG. SERV. v. D. OF HEALTH

No. 85CA0272.

762 P.2d 737 (1988)

STONE ENVIRONMENTAL ENGINEERING SERVICES, INC., Plaintiff-Appellee and Cross-Appellant, v. COLORADO DEPARTMENT OF HEALTH and Colorado Board of Health, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 7, 1988.

Certiorari Denied October 17, 1988.

Attorney(s) appearing for the Case

McMichael & Benedict, Mitchell Benedict, III, Denver, for plaintiff-appellee and cross-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Jerry W. Goad, Asst. Atty. Gen., L. Cary Unkelbach, Denver, for defendants-appellants and cross-appellees.

SMITH, Judge.

The Colorado Department of Health and Colorado Board of Health (Health) appeal the district court's order which declared unconstitutional §§ X.A.1. and X.A.1.a. of the Guidelines for Establishing Rules and Regulations Applying to Individual Sewage Disposal Systems (guidelines), 5 Code Colo. Reg. 1003-6 (current version codified as §§ IX.C.1 and IX.C.1(a) at 5 Code Colo.Reg. 1003-6). Stone Environmental Engineering Services, Inc.,...

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