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Proposed Decision / Permit C-1981-041, TR -69 / January 30, 2017 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />IN THE MATTER OF THE APPLICATION OF SNOWCAP COAL COMPANY FOR A <br />TECHNICAL REVISION OF PERMIT C-1981-041 <br />MOTION IN LIMINE AND TO STRIKE CONTRACT DOCUMENTS BY OBJECTOR <br />FONTANARI FAMILY REVOCABL9 TRUST <br />COME NOW Rudy and Carol Fontanari, Trustees of the Fontanari Family Revocable <br />Trust ("Fontanari", collectively), by and through counsel of record, and for its Motion in Liming <br />and to Strike Contract Documents contained in the Division's Proposed Decision states and avers <br />as follows: <br />Notice of Motion <br />Fontanari first gave notice of its intent to seek an order striking legal documents <br />hereinafter described in its Objections to Proposed Decisions, at Pg. 3, Item (C). <br />Factual Background <br />In 2003, Snowcap Coal Company ("Snowcap") sold #71 Tract to Fontanari. In ordinary <br />course, the parties executed a Purchase and Sale Agreement (Exhibit A) and Snowcap executed <br />and delivered a Special Warranty Deed (Exhibit B). In 125, Purchase Agreement, Snowcap <br />declared it rights to reserve, in a deed, an easement on, over or under #71 Tract. In III and 13, <br />Purchase Agreement, there are provisions relating to inspection of #71 Tract as well as a Waiver <br />and Indemnification by Fontanari. In Pgs. 3-4, Deed, Snowcap reserved the easement but the <br />provisions regarding waiver and indemnification are not repeated in the deed. <br />1 <br />