Laserfiche WebLink
I <br />Sas:n's othtt "equitable" claim that it has wasted attorney and expert nn:e on <br />this issue' if the case dots not go forward I Morton at 41 inappropratei~• focuses on the <br />resources exprnded to date by all patties rather than the resources which would be <br />expended if the NOV nearing were to go forward. More resources would be <br />expended by all parries, and ~ertaiaiy by this Board, t}tart has been expended to dart if <br />depositions were to go forward and the parties and this Board were to conduct an all- <br />day hearing. Moreover, Basin's prepazation of expert repair is equally applicable to <br />a court proceeding as to an administrative hearing before. this Board. <br />Fnrthet,nore, even if this N0~' were reinstated or if D11G had not vacated the <br />NOV, the Tatums would be require9 to file an action in stau district court to obtain <br />the relief they desire. This Board dots not have jurisdiction to determine diminution <br />in property value or cost of repairs issues, which is the ultimate relief prodded b}• the <br />Act to hotneownen whose houses have been damaged b~~ subsidrnce from coal <br />mining operations, i`the homeowner does not Want the cpcrator to itself attempt to <br />repair the subsidence-related da-nage. § ?4-33-12I(2), C.R.S. and Rule <br />4.20.3(2)(b)(ii). The Tanrttu have not requested that Basin 'Yepair, rehabilitate, <br />restore, or replace (their) damaged residential dwe:ling" as 7rovided in Rule <br />4.20.3(2)(t)(i). If *he Board were to heaz the NOV and find that subs fence-related <br />damage had occrrred to the Tatum's houst since 19°7 because of Basi::'s <br />underground coal operations, the Tatutru would still be requrred to file an action in <br />' DhiG respectfully disagrees whir Basin's statement (p. ; of the'~lotron) th2t ~t :.ad a <br />rietrt to an adjudicatior. of it; N0~' in January. After Easier requested an informal <br />conference with D?~IG, the earliest hearing date reouired by the regulations .vas :n <br />1larch or Apr,'1 of :1125 y'eaz. <br />