State, Department of Health v. Mill
Supreme Court of Colorado
1Opinion of the CourtJustice Mullarkey
This case is a consolidation of two cases. The first was a regulatory taking action initially brought by respondent, The Mill, against petitioner, the Colorado Department of Health (CDH). While that case was pend-tag in the court of appeals, it was consolidated with an appeal by The Mill in an eminent domain action brought by CDH pursuant to the federal Uranium Mill Tailings Radiation Control Act (UMTRCA), 42 U.S.C. sections 7901 to 7942 (1988), and the corresponding state statute, sections 25-11-301 to -305,11A C.R.S. (1989).
In the regulatory taking action, the court of appeals upheld the…
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