C & M Sand & Gravel, Division of C & M Ready Mix Concrete Co. of Boulder v. Board of County Commissioners

VAN CISE, Judge.

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,…