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The 7atums then filed a petition with the Las Animas County District Court seeking <br />review of the Board order granting Basin's motion to adjudicate the NOV, and seeking temporary <br />relief in the form of an order barring the scheduled hearing on the NOV, Basin argued that the <br />Board bad not taken final agency action and that the Tatttms had not shown irrepazable harm. <br />Nonetheless, the District Court granted the Tatums' motion for temporaryrelief See Order of the <br />District Coun of Apri127, 2001; Case No. OI-CV-38 (attached as Appendix A). The District <br />Coun subsequently remanded the NOV to the $oazd. The Board treated the District Court's <br />order granting temporary relief to the Tatums as a final and binding adjudication of the <br />procedural issues raised by the Tatums. The Board vacated its prior order, finding that the <br />Division had authority ro vacate the ~OV, and that Basin Resources ]asked standing to challenge <br />that action of the Division. See Order of the Board of tune 11.200] (ariached as Appendix B). <br />Basin sought review of the Boards decision in the District Court, and the District Couri <br />dismissed Basin's Petition. See Order of the District.Court of October, 26, 2001, Case No. Ol- <br />CV-77 (attached as Appendix C). The Tanrms have filed a motion seeking fees relating to the <br />order wanting temporary relief. <br />The actions of the Board and the District Coun ~~'ere contrary to the Colorado <br />Administrative Procedure Act and the Colorado Surface Coa] Mine Reclamation Act, and <br />Colorado common Jaw. The decisions of the District Coun and the Board deprived Basin of its <br />statutory right to a hearing on the NOV. <br />JUDGMENT OR ORDER BEING APPEALED: Orders of the District Court dated Apri127, <br />2001 and October 26: 2001: and the Order of the Board dated June 1 ], 2001. <br />BASIS FOR APPELLATE COURT'S JUR]SD1CT10N: C.R.C.P. 54(a); C.A.R. 3(a), and <br />Co]o.Rev.Stat. § 24-4-106. <br />WHETHER THE DEC1510N OR ORDER RESOLVED ALL ISSUES BEFORE THE <br />AGENCY: The Tatums have requested an award of fees relating to the Order of the District <br />Court dated April 27, 2001, pursuant to Co]o.Rev.Stat. b 34-33-128(4). Undcr ctrel] v, <br />Glenwood Brokers. Ltd.. 848 P.2d 936 (Colo. 1993);the Tatums` pending and likely future fees <br />motions consistent with a request for "damages:" and thus an appeal should be taken after an <br />award of fees; if any, is made. Nonetheless; because the scope and application afFerrel] is <br />uncertain. Basin Resources files this notice to avoid any claim that it has waived its right of <br />appeal. <br />WHETHER THE DEC]S10N OR ORDER WA5 MADE FINAL FOR PURPOSES OF <br />APPEAL: See response immediately above concerning motions for fees. <br />DATE DEC]S10N OR ORDER WAS ENTERED AND MAA.,ED TO COUNSEL: October 26, <br />2001. <br />WHETHER EXTENS]ONS TO FILE MOTIONS FOR POST-?RIAL RELIEF WERE <br />GRANTED: No. <br />THE DATE ANY MOTION FOR POST-TRIAL RELIEF WA5 FILED: Motions for post-trial <br />-3- <br />9l0-d lZ0/Y00'd BOB-! 955E999EOE S371if10S3H 1tl8t11tlN l0U-V(08d V5~91 l9lIZ-El-030 <br />