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~ ~ <br />Jim McArdle <br />Mined Land Reclamation Division <br />July 24, 1980 <br />Page Two <br />resolve the issue. <br />November 4, 1970 - We sent a letter to Headley offering $1500 for any <br />damages. In return he was to release us from any and all <br />obligations and allow us to remove the remaining stockpile we had <br />purchased. <br />November 30, 1970 - A letter from Headleys attorney stating that he <br />advised Headley that he shouldn't have signed the release. <br />However, Headley claimed that he was verbally assured by the <br />engineer that the overburden material would be placed in the dam. <br />They also indicated that they wanted the Department to come in <br />and remove the overburden from where it was placed and put it in <br />the dam. <br />Sometime prior to February 19, 1971 we obtained bids for removing <br />the overburden and placing it on the dam. Headley requested that <br />he be allowed to match the low bid and do the work himself. He <br />would drop our claim against us and allow us to remove the <br />stockpile that we had purchased. <br />Our attorneys drew up an agreement to pay Headley $1182 far total <br />release and permission to remove our stockpile. This included <br />$300 for payment of previous 3 years stockpiling fees on his land. <br />February 19, 1971 - The above mentioned agreement was presented to <br />Headley but he stated he might keep the stockpile and just forget <br />the whole matter. <br />May 21, 1971 - The Department sent a letter to Headley acknowledging <br />his refusing to sign the agreement for $1182. We stated that any <br />further action to resolve the issue should be initiated by Headley. <br />October 13, 1971 - The Department wrote Headley notifying him that <br />some gravel he was offering for sale was more expensive than <br />other material available to us. In addition we again offered to <br />settle for the $1500 we had offered in November of 1970. <br />November 16, 1971 - The Department received a summons on the Headley <br />matter. <br />The Department filed a motion to dismiss the trial which was <br />granted. <br />Headley filed a petition for a new trial which was scheduled for <br />November 19 and 20, 1974. <br />The trial was held November 19, 20 and 21, 1974. The jury awarded <br />Headley $13,900 based on his evidence of the costs involved in <br />moving the overburden out of the pit to the dam site. <br />The Department filed a motion for anew trial which was granted. <br />Date for trial was set at May 20, 21 and 22, 1975. <br />The Department made an offer to Headley to settle out of court for <br />$6950.00. <br />