_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

1 which we havet come awake of in this shortperiod of time
2 which I could present to you, but I don' t want to argue on
3 the merits of these things to presuppose that we have fully
4 analyzed the problem, as far as Mr. McCarthy' s suggestion
5 here Mr. Goldman may have some attenuating relationship as a
6 partner in an organization which has interest in Brush Creek
7 and Eagle Creek and he is a trustee, one of. the trustees, of
8 Eagle River Trust. The Trust was not notified, the trustees
9 were not notified, the beneficiaries were not notified. In
10 fact, formal notices are required under the Colorado Revised
11 Statutes. It' s required according to your regulations, and
12 the law is rather clear that when formal notice, statutory
13 notice, is required, it' s to be complied with. And there' s a
14 reason that that statutory notice is put in there, and it' s
15 to be complied with. When it' s not complied with, then we
16 have recourse. We would like to get this thing dealt with
17 before the Board, we' d like to save the time, and we' re only
18 asking for some time. But it' s clear that as the law stands
19 that this kind of formal notice problem can' t be just be
20 transcended very quickly.
21MC: Just to respond, you know I think that it' s fairly clear, Mr.
22 Goldstein has conceded, that Mr. Goldman was a trustee of the
23 Eagle River Trust and, without getting into legal technicali-
24 ties, a trustee has certain obligations to look after the in-
25 terests of his beneficiaries. I think Mr. Nottingham can
26 tell you that he has been in almost daily or weekly contact
27 with Chester Goldman over the past year involving this opera-
28 tion. Mr. Goldman, who is a trustee of the Eagle River
29 Trust. It is known for well over a year, that a sand and
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