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03/16/2007 16:10 7198460159 <br />~~ <br />I <br />-..:; <br />I, <br />MAR/lfi/200'1/FRI 12.05 PM . DOI OSbI ~ DENVEA <br />JIM TATUM <br />'r AR No, 303 844 1450 <br />PAGE 07 <br />P. 037 <br />,.. .. .. <br />judge found as a Cast that coal subsidettee caused damage to the Tatutn Lesidence ;151; IBLA _. <br />at 306-U7. As fiuther noted by the IBLA, "ttie judge awarded the Tatums compensatory <br />demagcs frnC the dittrintuion in value of their property." id. of 307. <br />The opinion of Judge Manzanarees, the trial court judge, discusses the nature of thn <br />damage to the Tatum residence. See Findings of Fact, Conclusiotts of Law, and Judgment, <br />~ly~Basin Sourcest~c Case No. 92 CV 127 (Dist. Ct., Las Animas Cowtty, Colorado,. <br />Dec. 1, 199'7) ("Maa?anares Opinion). The trial court noted that subsidence damage would <br />"include the cost of past repairs and zhe cost cif future zepairs, and havecaused a-diminution <br />of value of the property." Mattzaaares Opinion at 4. The trial court reviewed evidcrtae <br />concernuag ttre diminution of value of the property, and frnmd as a foot that dipaitiutioa of <br />value of the Tatum residence was x48,000. ~ at 4-6. ksasin paid the Tattttns for flte <br />dimatished value to rhea xesidence iu aati~'acdon of tlm trial court's jndgraent. The Tutuma <br />signed a Satisfaction of Judgtraent oa April 28, 1998, 'thus con~mg receipt of this payment <br />(~pY attached as Exhibit B). <br />The Manzsaatea Opinion was sµb~tted to the IBLA as part of the record during the <br />Board's review of the TDN. Based entirely on the 5ndi~ps of ;fact set out in the MattzaIIaCets <br />Opinion, the i13x-A, herd that DMG did not respond appropriately to the TAN, and that OSM <br />erred 1n finding that it /tad I S 11BLA at 308: $ecausc (and only bxause) the trial court <br />found that datuage to the Tatum residence was caused by subsidence, the ISL,A i!outtd that <br />the AMG anted arbitrarily when coming to a different comelusiou. <br /> <br />1 <br />'4' l <br />i <br />