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PERMFILE61143
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PERMFILE61143
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Entry Properties
Last modified
8/24/2016 11:07:49 PM
Creation date
11/20/2007 7:02:48 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
1/2/2007
Doc Name
Joinder of SDMD in Notice of Appeal
From
Colorado Court of Appeals
To
MLRB
Media Type
D
Archive
No
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<br />I. NATURE OF THE CASE <br />A. Nature of the Controversy. <br />The Silver Dollar Metropolitan District (the "District") in addition to the <br />City of Black Hawk (the "City") and Dr. Leopold seek appellate review of the <br />District Court's affirmation of the Mined Land Reclamation Board's issuance of a <br />reclamation permit in file M-2004-067, which permit authorizes the creation of a <br />gravel mine along Highway 119, just outside the City limits of the City of Black <br />Hawk. Appellants maintain that the MLRB's issuance of the permit was <br />inappropriate and unsupported on several grounds. <br />B. Judgment appealed from and jurisdiction. <br />The District, in addition to the City and Dr. Leopold, appeal the District <br />Court's November 13, 2006, Order wherein the District Court affirmed the <br />MLRB's issuance of a reclamation permit in file M-2004-067. This Court has <br />jurisdiction to review the District Court's review of an agency action pursuant to <br />C.A.R. 4(a). <br />C. Resolution of issues. <br />The MLRB's decision to issue a reclamation permit in file M-2004-067 <br />resolved all issues pending before the agency. <br />D. Finality of Judgment. <br />The District Court's affirmation of the Mined Land Reclamation Board's <br />issuance of reclamation permit file M-2004-067 fully resolved all claims made by <br />all parties and is, therefore, a final judgment pursuant to C.R.C.P. 54(b). <br />E. Date of entry of Judgment. <br />November 13, 2006, with clerical errors corrected in an amended order <br />issued on November 20, 2006. <br />Z <br />
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