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2018-11-06_GENERAL DOCUMENTS - M2017049
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2018-11-06_GENERAL DOCUMENTS - M2017049
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Last modified
11/7/2018 8:32:10 AM
Creation date
11/7/2018 7:45:42 AM
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DRMS Permit Index
Permit No
M2017049
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
11/6/2018
Doc Name
Legal Document
From
Denver District Court
To
MLRB
Email Name
AME
GRM
Media Type
D
Archive
No
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Plaintiff Transit Mix Concrete Co. timely filed its complaint on September 10, 2018. <br />Compl. at 1, Sept. 10, 2018. Subject to any amendment to the complaint, Transit Mix presently <br />contends that in denying Transit Mix's application for a reclamation permit for a granite quarry <br />outside Colorado Springs, the Colorado Mined Land Reclamation Board violated the State Ad- <br />ministrative Procedure Act, Colo. Rev. Stat. §§ 24-4-101 to -204 (2017). Compl. at 5-6. Under <br />Colorado Rule of Civil Procedure 4(m), the current deadline for serving process on Defendants is <br />November 13, 2018. C.R.C.P. 4(m). <br />The State APA dictates that "[e]very party to an agency action in a proceeding under sec- <br />tion 24-4-105 not appearing as plaintiff in such action for judicial review shall be made a defend- <br />ant." Colo. Rev. Stat. § 24-4-106(4) (2017). Consistent with that rule, Transit Mix has named as <br />defendants the 132 entities and individuals who were parties to the proceedings before the Board. <br />Serving process on all 132 Defendants, however, will be a difficult, time-consuming, and expen- <br />sive endeavor. <br />And that endeavor may prove unnecessary, because Transit Mix is currently and actively <br />pursuing informal resolution of this dispute. Transit Mix thus asks this Court to extend the time <br />for service until February 1, 2019. This extension will allow Transit Mix to focus its resources on <br />attempting to reach an informal resolution—a resolution that would obviate the need to incur <br />substantial time and expense serving process on all 132 Defendants. <br />-1- <br />
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