C & M Sand & Gravel V. Board Of County Commissioners

This certiorari and declaratory judgment action was instituted in the district court as the result of the denial of an application of plaintiff C&M Sand & Gravel Division of C&M Ready Mix Concrete Company of Boulder (C&M) to defendant, Board of County Commissioners of the County of Boulder (the commissioners), for a special use permit to mine aggregate in an unincorporated area within the county. The commissioners appeal a declaratory judgment entered by that court holding that the county is barred and preempted by the Preservation of Commercial Mineral Deposits statute, § 34-1-301, et seq., C.R.S. 1973 (the Preservation Act), and the Colorado Mined Land Reclamation Act, § 34-32-101, et seq., C.R.S. 1973 (the Reclamation Act), as effective in 1980, from prohibiting mining operations by means of special use review procedure under the county zoning resolution. The plaintiffs appeal the trial court's dismissal of their C.R.C.P. 106(a)(4) claim for review of the commissioners' denial of C&M's application for a permit. We affirm in part and reverse in part.