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999������ ��� <br /> A. M. DOMINGUEZ, JR. <br /> SUITE X2, <br /> FIRST NATIONAL BANK BUILDING <br /> ATTORNEY AT LAW 10259TH AVENUE <br /> GREELEY,COLORADO WWI <br /> November 9 , 1978 (303) 355-1552 <br /> Colorado Mined Land Reclamation Board mot' ' 1. <br /> 723 Centennial Building RE-7z` E-_I J`" <br /> 1313 Sherman Street <br /> Denver, CO 80203 NUV 1 F 1 JrJ <br /> Re: Best-Way Paving Company RECLAMAIlON SECTION <br /> MLR file no. 77-315 Colo. Dept. of Natural liesouces <br /> Dear Sirs : <br /> I have been retained by H.O.P.E. , Inc. to represent them in con- <br /> testing the operation of a gravel pit by the above referred to <br /> applicant, Best-Way Paving Co. , in Weld County, Colorado. This <br /> letter is submitted as a petition for hearing on Best-Way' s applica- <br /> tion for a permit through the Colorado Mined Land Reclamation <br /> Board. This petition for hearing would request that an open public <br /> hearing be held in Greeley, Colorado, in order to give all interested <br /> parties an opportunity to appear and present testimony to the Board. <br /> H.O. P.E. , Inc . , is an organization comprised of the majority of <br /> homeowners in the areas adjacent to the proposed gravel pit for <br /> which a permit is being requested. These homeowners are adamantly <br /> opposed to the issuance of a permit and also adamantly opposed <br /> to the allowance of a gravel pit to exist in a residential neighbor- <br /> hood. My clients are requesting a public hearing in this area <br /> in order that all those who desire may present testimony and <br /> objections to your Board. <br /> My clients feel that because of the questionable current legal <br /> status of the existing zoning, that the Mined Land Reclamation <br /> Board should not issue a permit until such time as the courts <br /> have had an opportunity to make a determination as to the <br /> validity in the changes of zone which was requested by Best-Way <br /> Paving. At the present time, there is an appeal lodged in the <br /> Weld County District Court against the Weld County Commissioners ' <br /> actions of granting a change of zoning in order to allow the <br /> existence of the gravel pit. There is also currently pending <br /> C a separate appeal of the weld County Commissioners ' actions in <br /> granting a special use permit for the same property in order <br /> to allow the gravel pit proposed by Best-Way Paving Co. There <br /> is further an independant lawsuit filed by an adjacent homeowner <br /> against Best-Way Paving Co. also asking the Courts to disallow <br /> the existence of a gravel pit on the proposed land. The Weld <br /> County District Court has, further, issued a temporary injunction <br /> against the use of forty-five (45) acres of the proposed site <br /> for any purpose other than the purposes allowed under Estate <br /> Zoning, until such time as the Court shall make a determination <br /> as to Weld County Commissioners ' actions in granting a change <br />