Case No. 3345 Fourth Amended Complaint and Related July 24 1942

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STATE OF COLORADO, ) SS. COUNTY OF CHAFFEE. ) THE SUNNYSIDE PARK DITCH COMPANY, Plaintiff, -vs- M. C. HINDERLIDER, as State Engineer of the State of Colorado; C. W. BEACH, as Ir- rigation Division.Engineer for Irrigation Division No. 2 of the State of Colorado, and J. A. BURNETT, as Water Com-. missioner for Water District No. 11 of the State of Colorado, Defendants. IN THE DISTRICT COURT. NO. 3345. MOTION TO DISMISS Come now the defendants above named, by their attorneys of record, and move the Court to enter an order herein dismissing the first cause of action, set forth in Plaintiff's fourth amended complaint herein, upon the grounds and for the reasons: 1. That this Court has no jurisdiction of the subject matter involved in said first cause of action. 2. That this Court has no jurisdiction: of the person of the real parties in interest, whose rights are.involved in said first cause of action. 3. That the venue, or place of trial, of the matters in controversy, set forth in said first cause of action herein, is improperly lodged in the District Court of Chaffee County, Colorado;. in that,, the venue, or place of trial, of any controversy as to priorities of the right to use of water in Water District No. 14 is exclusively lodged.and fixed by law in the District Court of Pueblo County, Colorado; and the venue, or place of'trial, of any controversy as to priorities of right to the use of water in Water Districts Nos. 17 and 67 is exclusively lodged and fixed by law in the District Court of Bent County, Colorado. 4. That the said first cause of action fails to state any claim upon which the relief sought therein, or any relief, can be granted. 5. That it affirmatively appears from the allegations contained in said first cause of action that the relief sought therein is barred by the provisions of Chapter 90, Sections 182 and 153, CSA 1935 (C. L. 19211 Sections 1754 and 1785). d defendants further move to dismiss the further and second cause of action, set forth in Plaintiff's fourth amended complaint herein, upon the grounds and for the reasons: 1. That this Court has no jurisdiction of the subject matter involved in said further and second cause of action. 2. That this Court has no jurisdiction of the person of the real parties in interest, whose rights are involved in said further and second cause of action. 3. That the said further and second cause of action fails to state any claim upon which the relief sought therein, or any relief, can be granted. -1-