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7 <br />I� <br />- ] 7�"/.- <br />el 6 <br />DISTRICT COURT, MONTROSE COUNTY, <br />COLORADO <br />EFILED Document <br />1200 North Grand Avenue <br />CO Montrose County District Court 7t <br />Filing Date: Apr 5 2011 1:05PM MDT <br />Montrose, CO 81401 <br />Filing ID: 36863605 <br />Review Clerk: Barbara Brown <br />FRANK MORGAN, MARY LOU MORGAN, JOELLEN <br />TURNER, AND MICHAEL MORGAN, <br />Plaintiffs, <br />V. <br />WESTERN FUELS COLORADO, LLC, AND STATE <br />OF COLORADO BY AND THROUGH THE <br />DEPARTMENT OF NATURAL RESOURCES, <br />DIVISION OF RECLAMATION, MINING & SAFETY, <br />AND COLORADO MINED LAND RECLAMATION <br />BOARD, <br />Defendants. <br />COURT USE ONLY <br />JOHN W. SUTHERS, Attorney General <br />Case No. 2010 CV 548 <br />JEFF M. FUGATE Assistant Attorney General* <br />Reg. # 37679 <br />CHERYL A. LINDEN First assistant Attorney General <br />Division: 4 <br />Reg.# 14185 <br />1525 Sherman Street, 7th Floor <br />Denver, CO 80203 <br />Telephone: (303) 866 -5532 <br />FAX: (303) 866 -3558 <br />E -Mail: Jeff.fugate @state.co.us <br />*Counsel of Record <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY'S <br />MOTION TO DISMISS ITSELF AS A PARTY DEFENDANT <br />The Colorado Division of Reclamation, Mining and Safety ( "Division ") by and through <br />the Office of the Colorado Attorney General, hereby moves to be dismissed pursuant to C.R.C.P <br />12(b)(5) as a party- Defendant from the judicial review of final agency action brought by the <br />Plaintiffs'. As grounds for its motion, the Division states as follows: <br />1 The Division's general reference to "Plaintiffs" includes JoEllen Turner and Michael Morgan who appeared, and <br />participated as parties, at the November 17, 2010 Board meeting. Frank Morgan and Mary Lou Morgan did not <br />appear or participate at the November 17, 2010 Board meeting. Therefore, Frank and Mary Lou Morgan may lack <br />standing to seek judicial review. <br />JD <br />