Laserfiche WebLink
Appellant City of Black Hawk (the "City"), by its attorneys, Hayes, Phillips, <br />Hoffinann and Carberry, P.C., hereby submits the following Opening Brief: <br />I. Statement of the Issues <br />A. Whether the MLRB erred in granting a reclamation permit in file M- <br />2004-067 when the Applicant failed to comply with applicable provisions of the <br />Reclamation Act, C.R.S. § 34-32.5-101, et seq., and its own Construction. Materials <br />Rules regarding local permits. <br />B. Whether the MLRB erred in interpreting the term "affected land" in a <br />manner inconsistent with the Reclamation Act, C.R.S. § 34-32.5-101, et seq., and <br />its own the Construction Materials Rules. <br />C. Whether the District Court erred as a matter of law in finding that the <br />MLRB's factual findings need merely be supported by some rational evidence <br />rather than by substantial evidence, as is required by C.R.S. § 24-4-106(7). <br />II. Statement of the Case <br />This is an appeal from the district court's review of an agency decision <br />pursuant to C.R.S. § 24-4-106, part of the State Administrative Procedure Act, (the <br />"APA"), C.R.S. § 24-4-101, et seq., in which the district court affirmed the <br />Appellee Mined Land Reclamation Board's (the "MLRB") issuance of a <br />reclamation permit in MLRB file M-2004-067 (the "Permit") to Appellee Clear <br />Creek District Water Providers, L.L.C. ("the Applicant"). The issuance of such <br />permit is controlled by the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, C.R.S. § 34-32.5-101, et seq., (the "Reclamation Act") and <br />i <br />