Legal Opinion

Brubaker v. Board of County Commissioners

Supreme Court of Colorado

Decided September 13, 1982No. 81SA186PublishedCited by 8 opinions

1Opinion of the Court

LOHR, Justice.

The appellants, Earl J. Brubaker, Rexford L. Mitchell and Valeo, Inc., are holders of unpatented mining claims located on federal land in Teller and El Paso Counties. The appellants sought to conduct limited test drilling on the site of these claims for the purpose of obtaining mineral samples that would be used to determine whether they had made a qualifying discovery of valuable mineral deposits under federal mining law. After receiving the necessary federal approvals for this testing, the appellants applied to El Paso County for a special use permit authorizing the proposed…

2Cases cited29 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  3. Gibbons v. OgdenSupreme Court of the United States · 1824
  4. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  5. United States v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1973

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3Cited by8 opinions

  1. Gulf Oil Corp. v. Wyoming Oil & Gas Conservation CommissionWyoming Supreme Court · 1985
  2. Belgard v. United AirlinesColorado Court of Appeals · 1992
  3. Colorado Manufactured Housing Ass'n v. Pueblo CountyColorado Court of Appeals · 1993
  4. Brubaker v. BD. OF CTY. COM'RS, EL PASO CTY.Supreme Court of Colorado · 1982
  5. Lorenz v. Martin Marietta Corp., Inc.Colorado Court of Appeals · 1991

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