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72. The immediate and future harm that the Barkers (and their lessees) <br />are suffering, and will suffer in the future, as a result of Empire's refusal to <br />recognize the Barkers' (and their lessees') right to use the historic access route <br />and/or the Moffat County road that the County has allowed Empire to use as a <br />haul road as a means to access the Barkers' lands far exceeds any harm that <br />might result to Empire if the Company is precluded from denying the Barkers <br />(and their lessees) such access to the Barkers' lands. <br />73. The Barkers will likely succeed on the merits of this counterclaim <br />and are entitled to immediate, temporary and permanent injunctive relief <br />requiring Empire to allow the Barkers (and their lessees) the unfettered use of <br />the historic access route and/or the Moffat County road that the County has <br />allowed Empire to use as a haul road as a means to access the Barkers' lands. <br />74. The Barkers (and their lessees) are entitled to appropriate <br />mandatory, preliminary and permanent injunctive relief against Empire, <br />precluding the Company from denying the Barkers (and their lessees) the <br />unfettered use of the historic access route and/or the Moffat County road that the <br />County has allowed Empire to use as a haul road as a means to access the <br />Barkers' lands. <br />FIFTH COUNTERCLAIM <br />tTORTIOUS INTERFERENCE WITH CONTRACT) <br />75. The Barkers incorporate by reference the allegations made in <br />Paragraph 36-74 hereof. <br />76. The Barkers have entered into leases with third parties that allow <br />such persons to use the Barkers' lands for hunting, grazing and other purposes. <br />11 <br />