Legal Opinion

State, Department of Health v. the Mill

Supreme Court of Colorado

Decided April 8, 1991No. 89SC575PublishedCited by 17 opinions

1Opinion of the CourtJustice Mullarkey

We granted certiorari to review The Mill v. State, 787 P.2d 176 (Colo.Ct.App.1989). We conclude that the court of appeals erred in holding, first, that the owner of a uranium-contaminated mill site could bring an inverse condemnation action against a state agency which had no condemnation authority, and, second, that the owner’s claims for regulatory taking and promissory estoppel were subsumed in the inverse condemnation claim. We reverse and remand to the court of appeals for further proceedings consistent with this opinion.

I

This case primarily involves a twenty-five acre portion (the “mill…

2Cases cited17 opinions

  1. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  2. Agins v. City of TiburonSupreme Court of the United States · 1980
  3. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  4. Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
  5. United States v. ClarkeSupreme Court of the United States · 1980

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3Cited by17 opinions

  1. Trinity Broadcasting of Denver, Inc. v. City of WestminsterSupreme Court of Colorado · 1993
  2. City and County of Denver v. Desert Truck Sales, Inc.Supreme Court of Colorado · 1992
  3. State, Department of Health v. MillSupreme Court of Colorado · 1994
  4. City of Tupelo, Mississippi v. John Patterson (Pat) O'CallaghanMississippi Supreme Court · 2017
  5. Mill v. State, Department of HealthColorado Court of Appeals · 1994

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