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PERMFILE43364
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PERMFILE43364
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Entry Properties
Last modified
8/24/2016 10:45:50 PM
Creation date
11/20/2007 11:33:10 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2005080
IBM Index Class Name
Permit File
Doc Date
8/16/2006
Doc Name
Opposition to Objectors Motion
From
Attorneys for Allen
To
DRMS
Media Type
D
Archive
No
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show Robert Cazgill as an owner of any interest in the subject property. Specifically, the <br />Objectors' Exhibit 25, a "Contract to Quiet Title and Purchase Mineral Interests" executed by <br />Robert Cargill and Kent Rolf specifically states "[Robert] Cargill succeeded to the interests <br />reserved in the Deed ("Reserved Interests"), but no document has been recorded showing that <br />Cargill succeeded to the interests reserved in the Deed." See Contract to Quiet Title and <br />Purchase Mineral Interests, p. 1 (Objectors' Exhibit 25). Therefore, Allen could not have <br />discerned Robert Cazgill as an Owner of Record of any interest in the property through a search <br />of either the County Assessor's records or the Park County Clerk and Recorder's records. <br />Moreover, Robert Cargill has had actual notice of the application and Allen's proposed <br />operation since at ]east May 22, 2006, when he and Objector Kent Rolf executed their Contract <br />to Quiet Title and Purchase Mineral Interests (Objectors' Exhibit 25 at paragraph 1). Thus, by <br />the time of the formal Board hearing in September, Robert Cargill will have had actual notice of <br />Allen's application for over 120 days. Nevertheless, and despite the fact that Robert Cargill is <br />not an Owner of Record, Allen sent formal notice of its application to Robert Cargill at the <br />request of the Division on July 11, 2006. Robert Cargill received that notice on July 18, 2006, <br />thirty days before the scheduled August hearing date (Exhibit 76). At the request of the <br />Division, Allen sent Cargill an additional notice of its application on August 10, 2006, giving <br />Cargill another 20 days to comment. Neither Robert Cazgill nor any other purported holder of <br />any interest in [he property has suggested that they have been prejudiced by a lack of notice <br />regarding Allen's application, and Robert Cargill has yet to submit any comments to the <br />Division or the Board despite having knowledge of the application since May of [his year. <br />Because Allen has fully complied with all notice requirements under the Rules, the <br />application should not be denied on that basis. <br />
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