Laserfiche WebLink
Coup granted the Tatums' request for temporary relief, finding that they had a substantial <br />like]iitood of prevailing on the issues related to the authority of the Division to vacate the <br />NOv, and the standing of Basin Resotucesto challenge the Division's vacation of the <br />NOV. On Apri127, 2D01, the District Coup issued its written order granting the Tatums' <br />request for temporary relief. <br />On May 1, 2001, the Boazd filed a Morion ro Sray and Request for Authorisation ro <br />Reconsider Board Order with the District Court. ]nits motion, the $oazd zsserted that <br />"the interests of justice and economy of State resources would best be served by <br />recorside:ztion of the.Anril ]0, 2001, order which led to ties [judicial review] action.'' <br />On Mav 2.2001, the District Court issued an order staying the Tatums' judicial review <br />action. The District Court also stated in its order that "The Board`s April 10, 2001, order <br />is remanded to the Board's jurisdiction for the purpose of reconsideration.' <br />S. The Board has the authority to reconsider the Apri] Order bzsed on the following: a) <br />ptusuant to b 34-33-]28(2), C.R.S.. the District Court may "remand the proceedings to <br />the Boazd for such further action as it may direct,' and b) the District Coun remanded the <br />April Order to the Boazd "for the purpose of reconsideration: ` <br />l0. Upon consideration of the April Order and in Iieht of the findings of the District Court in <br />its grant of temporary rciief to the Tanuns: the Boazd finds that the Division had the <br />authority to vacate the NOV without prejudice in this czse. <br />l 1. upon consideration of the April Order and in light of the findings of the District Court in <br />its grant of temporary relief to the Tatums.. the Boazd finds that Basin Resources does not <br />have standing to challenge the Division's vacation of the NOV because it has not shown <br />harm. <br />ORDER <br />\~7iEREFORE, based on the above Findings of Fact and Conclusions of Law, the Boazd <br />orders chat: <br />• The Boazds order of April 10, 2001, issued in this maner is hereby vacated; and <br />• Notice of Violation No. CV-2000-009 is hereby vacated without prejudice. <br />Effective this ~ day of Tune, 2001 <br />FOR THE MJNED LAND RECLAMATION BOARD <br />By: ,.~c~ <br />Harry 7a g]i;, Chairman <br />BLO-d lE9/9l9'd E9E-1 E55E99EE9E S37af10s38 1Y801YN 1f10itOHd 55~9t 1004-E1-030 <br />