Bd. Of County Com'rs of County of Rio Blanco v. ExxonMobil Oil Corporation
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Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court s homepage at http://www.courts.state.co.us and are posted on the Colorado Bar Association homepage at www.cobar.org. ADVANCE SHEET HEADNOTE November 9, 2009 No. 08SC698, Bd. Of County Com'rs of County of Rio Blanco v. ExxonMobil Oil Corporation. By operation of law, the decision of the court of appeals, 192 P.3d 582 (Colo. App. 2008), is affirmed by an equally divided court. See C.A.R. 35(e). SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203 Case No. 08SC698 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA1054 Petitioner: The Board of County Commissioners of the County of Rio Blanco, State of Colorado, v. Respondent: ExxonMobil Oil Corporation. JUDGMENT AFFIRMED WITHOUT OPINION EN BANC November 9, 2009 Murray Dahl Kuechenmeister & Renaud LLP Malcolm M. Murray M. Patrick Wilson Denver, Colorado Attorneys for Petitioner Silverstein & Pomerantz LLP Neil I. Pomerantz Robert R. Gunning Mark E. Medina Denver, Colorado Attorneys for Respondent Hall & Evans, L.L.C. Thomas J. Lyons Beth A. Dickhaus Denver, Colorado Colorado Municipal League Geoffrey T. Wilson Denver, Colorado Attorneys for Amici Curiae Colorado Counties, Inc., and the Colorado Municipal League Holland & Hart, LLP Alan Poe Greenwood Village, Colorado Attorneys for Amici Curiae Colorado Association of Commerce and Industry, Colorado Independent Energy Association, Broadband Tax Institute, Colorado Mining Association, and Comcast Holdings Corporation PER CURIAM. JUSTICE COATS does not participate. 2 Justice Bender, Justice Rice and Justice Eid are of the opinion that the judgment of the court of appeals, 192 P.3d 582 (Colo. App. 2008), should be affirmed; whereas Chief Justice Mullarkey, Justice Hobbs, and Justice Martinez are of the opinion that it should be reversed. Justice Coats does not participate. Since the court is equally divided, the decision of the court of appeals is affirmed by operation of law. 35(e). 3 See C.A.R.
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