Laserfiche WebLink
KASTLER AND KAMM <br /> ATTORNEYS AT LAW <br /> K ASTLER LAW OFFICES. LTD <br /> IRAUL A MASTLE RI <br /> TERRENCE R RAMM <br />rviCMOLAS CULLAN DER <br />JONrv wiLLIAM CLEVER <br />Thomas R. Young <br />Attorney at Law <br />1265 I~teadow Sweet Road <br />Golden. CO 80401 <br />January 31, 1989 <br />Re: Your client: Rim rock Coal Company <br />Our client: Raton Natural Gas Company <br />Dear Mr. Young: <br />I have your letter of January 23, 1989. <br />300 COON AVENUE <br />P05T OFFICE 00X I]O <br />BATON, NEW MEXICO B77d0-0130 <br />iELEPMONE 15051 445-55J5 <br />FnX 15051 qq5-5fi 21 <br />First of all, please be advised that the writer of this letter has <br />been licensed to practice law in Colorado since 1957. I regularly practice <br />in both the state and federal courts of the State of Colorado. <br />• GThen Mr. Davis approached us initially he asked for our help in <br />obtaining a permit. Ide immediately agreed, and have now made possible the <br />mining to within 50 feet of the line. We understood that this was Plr. <br />Davis' request. The reasonableness of that request has been confirmed to <br />us by a coal mining expert's view of the proposed mining area and plan. <br />Now we receive a letter from counsel directed to Raton Natural Gas <br />Company with what can only reasonably be assumed to be substantial threats. <br />We are not anxious to undertake litigation, including inverse condemnation, <br />nor do we look forward to the cost of those procedures. But the <br />intractable nature of your letter and what appear to us to be inflexible <br />demands, not justified by the present circumstances of Rimrock Coal <br />Company, appear to be a posture for litigation only. We would hope that is <br />not an accurate assessment of the circumstance and we would similarly hope <br />that the tone of the letter may be somewhat more flexible than we have <br />viewed it. <br />We are presently exploring the potential of moving the line. Does Mr. <br />Davis own the surface to the surrounding land to the west of the existing <br />gas line and outside of the phase one Permit barrier? If so what is Mr. <br />Davis' position in regard to granting an easement to Raton Natural Gas <br />Company for the removal of its line out of the Permit areas? <br />We ask that you and your client no[ only consider but appreciate that <br />it is both legally and factually unacceptable to consider a termination of <br />the flow of gas to thousands of users and several communities in the State <br />of New Mexico. <br /> <br />