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2013-01-29_REVISION - C1981008
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2013-01-29_REVISION - C1981008
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Entry Properties
Last modified
8/24/2016 5:12:31 PM
Creation date
2/20/2014 7:55:50 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
Revision
Doc Date
1/29/2013
Doc Name
Paintiffs Opening Brief 2010 CV 548
From
Christopher G. McAnany Dufford, Waldeck, Milburn & Krohn, LLP
To
District Court, Montrose County Colorado
Type & Sequence
PR6
Email Name
DAB
Media Type
D
Archive
No
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The Morgans and several other persons objected to PR6. An informal <br />conference hearing was held in Nucla, Colorado in February, 2010; the conference <br />was attended by over 40 members of the public, as well as by representatives of <br />OSM, NRCS, and DRMS. PR6 went through several revisions3, culminating in a <br />proposed decision by DRMS dated, October 1, 2010. The Morgans objected to the <br />decision and a contested hearing was held before the Board on November 17, <br />2010. Michael Morgan and JoEllen Turner appeared at that hearing pro-se 4. The <br />Board issued its order affirming the approval of PR6 on December 8, 2010. This <br />action was timely filed by Plaintiffs on December 15, 2010. <br />Procedurally, a companion case pending in Montrose County District Court, <br />Case Number 10 CV 367 went to trial in November, 2012. That case resulted in a <br />judgment in favor of the elder Morgans and against WFC on claims alleging <br />violation of the Coal Mining Lease and SCMRA. Post trial motions remain <br />pending in that action. On or about December 14, 2012 WFC filed yet another <br />3 For example, an early iteration proposed returning parts of the Morgan Property <br />as dryland, despite its past use as irrigated cropland. Changes during the review <br />resulted in deletion of this provision. <br />4 Both of the Morgans are elderly and in poor health. Frank Morgan is blind and <br />Mary Lou Morgan has hip problems which make it difficult for her to walk. <br />Michael Morgan and JoEllen Turner hold a power of attorney from the elder <br />Morgans, and have acted on their behalf matters with DRMS. <br />
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