The Delta District Court last week granted a request from county government to reinstate the commissioners' 2013 specific development approval for Grand Mesa Layers and Western Slope Layers.
The court's action follows the state Supreme Court's recent decision not to hear an appeal of the Colorado Appellate Court's decision that had upheld the county commissioners' original decision.
The Colorado Supreme Court announced last week that it will not consider the case involving Delta County Commissioners, Western Slope Layers and Grand Mesa Layers.
The decision of the Supreme Court to deny a "petition for writ of certiorari" filed by plaintiffs means a previous finding by the Colorado Court of Appeals in favor of the county and co-defendant Hostetler will stand.
The Board of County Commissioners on Monday approved the specific development application for Kurtz Chicken Ranch on Redlands Mesa.
Approval came on a 3-0 vote.
The Leroux Creek Area Planning Committee has forwarded a specific development request for the Kuntz Chicken Ranch to the county planning commission with a recommendation for approval.
The county planning commission will hear and review the application request on Wednesday, Sept. 23 at 5:30 p.m. in the county courthouse. The board of county commissioners will decide on the application at a later date.
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