2010-08-23_GENERAL DOCUMENTS - C1981008

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Jac!.• ••� SBSCRIBD AND S�IIIDFtM TO BEFORE ME=THISJ3 DAY OF t & °•• E;1erk /Dc,3uty Clark DI>at for �,, C,oior»do 1200 North Grand Avenue Montrose, Colorado 81401 Frank Morgan represented by JoEllen Tur P.O. Box 346 (Attorney in F Nucla, Co. 81424 DO&t Division of Rec lama tIon,Mining, and Sa Minerals and Geology Department of N Frank Morgan represented {Na""d A,d syt ..,. _. by JoEllen Turner ..0. Box 346 (Attorney in Fact) lucla, Co. 81424 PbomWw"b*. (nk33- 5437E-ffWt: None f;eG in the Combined Court rvi l Incp CountY, Colorado AUG 2 3 2010 r t) Jodi Hanson Jerk of Court ty Ural Resources �"y I CUA�,1#�AIiN�' :r COMES NOW the above - captioned Plaintiff Frank Morgan represented by JoEllen- Turner, (Attorney in Fact), and as a claim for'relief against the above -named Defendant, would state and allege as follows: 1. Plaintiff is a landowner in the State of Colorado doing business as a farmer, and was so operating at all times pertinent hereto. 2. Defendant is a State Regulatory program governing mining operations and the Federal government oversees their efforts, and is the regulatory agency for the State of Colorado, and was so at the times pertinent hereto. 3. The Defendant allowed Federal and State Rules and Regulations governing Surface Coal Mining and Reclamation to be violated causing irreparable damages to the landowner and the landowner's property. 4. Defendant allowed the violation of Colorado Revised Statutes governing Surface Coal Mining and Reclamation on Prime Farmlands, Title34,Articles33, Colorado Surface Mining Reclamation Act 34 -33 -101 to 34 -33 -137, and Regulations of the Colorado Mined Land Reclamation Board for Coal Mining causing irreparable damages to the landowner and the property of the landowner. 5. Defendant violated Federal and State Rules and Regulations governing Prime f Farmland, landowners rights and protection under the law causing irreparable damag to the landowner and the property of the landowner. es f 6. Defendant has caused damages to the landowner and the property of the land owner in the amount of $5,130,635. WHEREFORE, Plaintiff respectfully requests this Court to enter a Judgment on behalf of the Plaintiff and against the Defendant, Division of Reclamation, Mining, and Safety, Department of Natural Resources, in the amount of $5,130,635, together with Plaintiff's Court costs, expert witness fees, attorney fees if any, and for such other and further relief as the Court may deem appropriate in the premises. Respectfully submitted this 233rd day of August, 2010 � � 141L �v4mx