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NATURE OF CLAIMS <br />I. This as an action for inverse condemnation against Golden under the Colorado <br />Constitution, Art. 2 § 15, and a request for ancillary relief against Golden to preserve the rights and <br />status of Plaintiffs as those rights and status pertain to the subject real property through claims for <br />declaratory and injunctive relief pursuant to C.R.C.P. 57(b). <br />PARTIES <br />2. Plaintiffs are individuals residing in Clear Creek County, Colorado. <br />3. Defendant Golden is a Colorado home rule municipal corporation. <br />JURISDICTION AND VENUE <br />4. This Court properly has jurisdiction over the subject matter of this Complaint. The <br />Complaint seeks just compensation, damages, and declaratory relief arising from Golden's conduct <br />involving property located in Colorado. Pursuant to Article VI, Section 9, ofthe Constitution of the <br />State of Colorado, the District Court located in and for Clear Creek County, Colorado, is a trial court <br />of record with general jurisdiction and has original jurisdiction of all civil, probate, and criminal <br />cases, except as otherwise provided by law. <br />5. Personal jurisdiction over Golden is proper because the actions or omissions upon <br />which the claims in this Complaint aze based occurred in Clear Creek County, Colorado. <br />6. Venue is proper under C.R.C.P. 98 because the real property which is the subject of <br />this Complaint is located in Clear Creek County, Colorado. <br />GENERAL ALLEGATIONS <br />7. The Plaintiffs own 272.89 acres of property in Clear Creek County, Colorado, a <br />portion of which is the subject of this action. The Plaintiffs' family has owned the subject property <br />since 1860, and the property has been leased for gravel and mining operations since 1935. <br />8. On December 20, 1980, the Plaintiffs entered into an agreement with DFG Investment <br />Company ("DFG") for purposes of leasing a portion of Plaintiffs' property for DFG's mining and <br />grave] operations. Thereafrer, DFG entered into an agreement in 1984 whereby it transferred and <br />assigned its interest to Mountain Aggregates, Inc. (then, Richardson-Marquo, Inc.). The Plaintiffs <br />and Mountain Aggregates, Inc. ("MAI") renewed their gravel lease effective December 20, 1990, <br />and again in 2000. MAI's lease covered approximately 106.79 acres of the Plaintiffs' property and <br />the 20001ease agreement was to expire on December 20, 2005. <br />-2- <br />