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Western Slope Flagstone, LL , Western Slope Flagstone, a sole proprietorship, and <br /> Rudolph Fontanari, through undersigned counsel, respectfully submit this Complaint for Judicial <br /> Review of Agency Action and state the following in support; <br /> PARTIES,JURISDICTION,AND VENUE <br /> l. Rudolph Fontanari,through either Western Slope Flagstone,LLC or Western Slope <br /> Flagstone, a sole proprietorship', holds a 11 c permit for a 1 1.9 -acre gravel-basalt operation. <br /> The site,known as Western Slope Flagstone Quarry No. 2, is located in Section 35, Township 10 <br /> South, Range 98 Nest,6th Principal Meridian, in Mesa County. <br /> . Defendant Mined Land Reclamation Board MLRB is a state agency within the <br /> Colorado Department of Natural Resources. For purposes of this action, MLRB is deemed a <br /> resident of the city and county of Denver. C.R.S. § 24-4-106(4). <br /> . Defendant Colorado Division of Reclamation, Miming and Safety DRIS is also <br /> a state agency within the Colorado Department of Natural Resources. For purposes of this action, <br /> DRMS is deemed a resident of the city and county of Denver. C.R.S. § 24-4-106(4). <br /> . This Court has jurisdiction over this matter pursuant to C.R.S. § 24-4-106, which <br /> provides for judicial review of agency actions. <br /> . Venue is proper under .R. .P. 91c 1 because Defendants are deemed to reside <br /> in the city and county of Denver as of the commencement of this action. Venue is also proper <br /> under C.R.S. § 24-4-106(4). <br /> ALLEGATIONS <br /> 6. On July 12, 2019, D MS issued a cease and desist order prohibiting water <br /> application within the permitted area. DRMS also issued a Reason to Believe a Violation Exists <br /> letter that same day. The matter was set for hearing before the MLRB. <br /> . Hearing occurred on August 21, 2019. Fontanari appeared without counsel. <br /> The proper entity was disputed in the agency proceedings below. Fontanari maintains that the <br /> proper entity to this proceeding is Western Slope Flagstone, LL as argued in the Motion to Re- <br /> Open and that no such sole proprietorship exists as Fontanari contested at hearing). However, <br /> given the gravity of the penalties at issue in this action, Fontanari includes bath entities in this <br /> Complaint, but reserves all rights and arguments concerning the issue of the proper entity. <br /> 2 <br />