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1200 North Grand Avenue <br />Montrose, Colorado 81401 <br />Frank !organ <br />Michael lorga�ni_na :nd JoKllnlden Turner <br />ivi n ?fo ur 11 1[�s ceeV'BM' <br />Frank Morgan, Michael Morgan, and JoElle <br />P.O. Box 4 P.O. Box 346 <br />Nucla, Colorado 81424 <br />X64- 7473ftvMwme <br />C"T eIAN <br />Nov 2 <br />91010 . -._ <br />OFFICE OF THE <br />T TORNEY GEAJER<i,- <br />�lRT <br />Plaintiffs- RESPONSE to Defendants Motion to Dismiss <br />(1)Plaintiffs are owner /operators of farm located in Nucla, Colorado and have <br />operated /owned such farm for 59 years. The property being mined is governed <br />by the Division of Reclamation, Mining, and Safety. <br />Public law states that the Division must implement, enforce, and maintain <br />its Colorado Regulatory Program protecting the landowner, landowner rights, <br />and the property of the landowner to the fullest extent of the law from the <br />adverse affects of surface coal mining. <br />(2)34 -33 -135 Civil Actions (1) subject to the requirements of subsection (2) of <br />this section, any person having an interest which is or may be adversely affected <br />may commence a civil action on such person's own behalf to compel compliance <br />with this Article against (a) any person or Governmental agency or instrumentally <br />who is alleged to be in violation of Any provision of this Article or any rules <br />or regulation promulgated or any order or permit issued pursuant to this Article. <br />(3) 1.07 of the Colorado Regulatory Program "Notice of Citizen Suits" (1) any person <br />having an interest which is or may be adversely affected may commence a civil <br />action on his or her behalf to compel compliance with the provisions Rules and <br />the Act and these provisions subject to the section 34 -33 -135 of the Act. <br />(4) Tort actions no limit -at ions -This is a direct complaint and filing a civil <br />action against the Colorado Regulatory Program, The Division, for not permitting <br />this farm as primefarmland resulting in the loss of our prime soils of amounts <br />