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SECOND CLAIM FOR RELIEF <br />(Declaratory Judgment against Golden) <br />29. Plaintiffs adopt and incorporate by reference each of the allegations contained in <br />paragraphs 1 through 28. <br />30. C.R.C.P. 57(b) provides that any person whose rights, status, or other legal relations <br />are affected by a statute, municipal ordinance, contract, or franchise, may have determined any <br />questions of construction or validity arising under the instrument, statute, ordinance, contract, or <br />franchise, and obtain a declaration of rights, status, or other legal relations thereunder. <br />31. Golden's conduct with respect to the Stockpiled Material on Plaintiffs' property, <br />specifically the actions taken with respect to the relocation of the Stockpiled Material to Parcel 2, <br />and the subsequent processing, sale and payment of royalties to Golden for that material, has affected <br />Plaintiffs' rights and status with respect to Plaintiffs' property. <br />WHEREFORE, Plaintiffs respectfully request that this Court grant the following relief: <br />Awarding judgment in Plaintiffs' favor and against Golden with respect to all claims <br />asserted herein; and <br />2. Awarding just compensation to Plaintiffs for the taking of property in connection <br />with the construction and operation of the reservoir; <br />3. Awazding a declaratory judgment in Plaintiffs' favor which states that the Plaintiffs' <br />own Parcel 2 and that Golden's leasehold interest on that property was terminated as <br />a result of the Condemnation Action; <br />4. Awarding a declazatory judgment in Plaintiffs' favor which states that Golden's <br />relocation of the Stockpiled Material to Parcel 2, its continued use of that property <br />for storage of the Stockpiled Material, and its receipt of royalties which were owed <br />to the Plaintiffs constitute a taking of that property; <br />5. Awazding a declaratory judgment in Plaintiffs' favor which states that the Stockpiled <br />Material is owned by the Plaintiffs and Golden is not entitled to any royalties <br />resulting from the sale of that material; <br />6. Ordering Golden to pay Plaintiffs' attorney fees and costs in connection with <br />Plaintiffs' claims; and, <br />6- <br />