Rags Over the Arkansas River, Inc., a Colorado not-for-profit corporation, Plaintiff-Appellant,
Colorado Parks and Wildlife Board, f/k/a Colorado Board of Parks and Outdoor Recreation; Colorado Division of Parks and Wildlife, f/k/a Colorado Division Parks and Outdoor Recreation; and Colorado Department of Natural Resources, Defendants-Appellees, and Over the River Corporation, a Colorado corporation, Intervenor-Appellee
Decided February 12, 2015.
City and County of Denver District Court No. 11CV5226. Honorable Robert L. McGahey, Jr., Judge.
Davis Graham & Stubbs LLP, Richard Kirk Mueller, Constance L. Rogers, Geoffrey C. Klingsporn, Mave A. Gasaway, Denver, Colorado, for Plaintiff-Appellant.
Cynthia H. Coffman, Attorney General, Tim Monahan, First Assistant Attorney General, Elaine J. Wizzard, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.
Kaplan Kirsh & Rockwell LLP, John E. Putnam, Lori Potter, Denver, Colorado, for Intervenor-Appellee.
Opinion by JUDGE DUNN. Hawthorne, J., concurs. Dailey, J., specially concurs.
Opinion Modified and Petition for Rehearing DENIED
OPINION is modified as follows:
The following footnote (11) is added to page 34, line 9:
Nor does the administrative record contain any express findings by the Board that the Project would have a " significant adverse impact on park values, pose significant threats to the health, safety or welfare of park visitors or other person[s], [or] be inconsistent with area management plans." 2 Code Colo.Regs. 405-7:703(3).
Page 34, lines 18 to 20 currently reads:
ROAR argues instead that, had the special activities regulation been strictly followed, the regional or park manager would have made the final approval decision, not the Board.
Opinion now reads:
Had the special activities regulation been strictly followed, the regional or park manager would have made the final ...