_ENFORCEMENT - M1978352 ‎(11)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: AFFIDAVIT OF MARK A HEIFNER 79-CV-1633
• Media Type: D
• Archive: No

j part of it, y •
2BN: Yes, he . . .
3RW: Why don' t you identify yourself for the record.
4BN: I did earlier, I'm Bill Nottingham, of Nottingham Sand &
5 Gravel . Our correspondence went as far as where they wanted
6 me to spend $100, 000 for a signal lines crossing and I feel
7 that sure the Denver Rio Grande would like to have all their
8 crossing signalized, at somebody else' s expense and that' s
9 where our correspondence dropped off is where they would put
10 in the crossing and I 'd pay for it. Another thing is how far
11 did you say the visibility is there?
12C: About a 1/3 of a mile.
13BN: I hate to dispute your word, but it is at least 2 miles up
14 the track and farther going down the track.
15C : From one direction [unintelligible] .
16RW: Okay, well.
17C : Anyway, I 'd like to have my remarks . . .
18RW: Well, they certainly are here and if there' s a problem, its
19 just exactly not just the province of the Board how far it
20 extends and it doesn' t appear that we have any authority to
21 deny on the basis of that access. Unless I 'm mistaken. That
22 doesn' t deny the fact that there might be sympathy and desire
23 that would . . . . I'm just curious Mr. Nottingham, what you
24 deem to be your right to use that particular . . . .
25BN: Because I bought the property, I have a right to cross the
26 railroad tracks by the right of way that I got by purchasing
27 the property.
28 C : I can' t speak from a legal standpoint but there are a lot of
29 people that have property, say an enclave in a particular
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