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PERMFILE52361
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PERMFILE52361
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Entry Properties
Last modified
8/24/2016 10:56:10 PM
Creation date
11/20/2007 3:18:32 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
5/8/2007
Doc Name
Opening Brief
From
Court of Appeals
To
DRMS
Media Type
D
Archive
No
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request for oral argument filed on October 27, 2006, by the Applicant. Vol. II, 412- <br />1 S. In afour-paragraph order dated November 20, 2006, (the "Amended Order" 2), <br />the trial court affirmed the grant of the Permit, citing no authority and simply <br />stating that "factual information in the record" served as "some rational evidence <br />supporting the Baard's conclusion." Vol. II, 418-19. <br />On December 27, 2006, the Objectors commenced this action for review of <br />the MLRB's issuance of the Permit by filing a Notice of Appeal3. Vol. II, 522-29; <br />530. <br />III. Statement of the Facts <br />The MMRR Quarry Application seeks a Section 112 Reclamation Permit <br />under C.R.S. § 34-32.5-112 that would permit the creation of a gravel mine along <br />State Highway 119 just outside the corporate limits of the City of Black Hawk. R. <br />2. The Application involves a parcel of property located in unincorporated Gilpin <br />Z The original order was dated November 13, 2006. Vol. II, 416-17. It was reissued as an amended order on <br />November 20, 2006, with corrections to a few clerical errors but without material changes. Vol. 11, 418-19. <br />' A@er the filing of the Notice of Appeal and prior to the issuance of the Notice of Filing Record on Appeal and <br />Briefing Schedule in this action, Appellants submitted two motions that resulted in orders from this Court. Those <br />orders include a March 20, 2007, order realigning the parties, correcting the caption, and discharging the prior order <br />[o show cause why Dr. Leopold's appeal should not be dismissed for failure to pay the docketing fee. Despite <br />directions in that order, as of the March 20, 2007, the Court's caption in this case still erroneously lists Appellee <br />Clear Creek District Water Providers, L.L.C., as "Clear Creek Water Providers, LLC," and still shows the State of <br />Colorado Division of Minerals and Geology as an Appellee. The City therefore renews its request that corrections <br />to the caption be made to remove the State of Colorado Division of Minerals and Geology as an Appellee and to <br />show Cleaz Creek District Water Providers, L.L.C, as an Appellee. <br />4 <br />
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