Keyah Grande, LLC v. Colorado Department of Agriculture

Opinion by

Judge HAWTHORNE.

In this case involving the destruction of elk, plaintiff, Keyah Grande, LLC, appeals from a summary judgment in favor of defendants, Colorado Department of Agriculture; Don Ament, Commissioner of Agriculture; and Colorado Agricultural Commission (collectively the Department). We reverse and remand for further proceedings.

I

In the fall of 2001, the Department identified twenty elk in Keyah Grande's herd that may have been exposed to chronic wasting disease (CWD). The Department informed Keyah Grande that no tests that could be performed on live elk to determine whether…