_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

I go to work on it, see if there was something that could be
2 resolved before we came to the Board and he couldn' t indicate
3 anything to me in that conversation as to what the nature of
4 his objections were.
5RW: Ok.
6G: I don' t understand why he would be under an obligation to
7 . . . . It seems to me why should he be under an obligation
8 after having first discovered understanding what Eagle River
9 Trust obligations were, he had no doubt nor had time to con-
10 fer with the Trust to review the application or anything.
11 But he felt that something must have been amiss that his
12 client wasn' t noticed. A rather lengthy application it' s not
13 very easy to determine what the objections might be as you
14 gentlemen can certainly understand.
15RW: Ok, the Board has a sense on this.
16 We know the law is a precisely worded document. And yet I
17 feel that there' s something more important about a law,
18 there' s an intent behind it and there' s also good faith. I
19 feel as far as notification goes, the operator has shown good
20 faith and an intent to properly notice the affected landowners.
21 Now, granted there is precise wording, but I still think the
22 wording is not as important as the intent of good faith
23 behind the word.
24G: I don' t at all question the good faith.
25RW: Now just how calm. We wanted just the comment, if I can.
26 I 'd .like to get a wrastle if I can--that' s Bob' s comment.
27SB: Could I ask, Mr. Goldstein, could I ask you if the notice
28 would have been out to your satisfaction, would you have then
29 objected to the mining of the gravel?
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