Laserfiche WebLink
3astn's other "eq;,itable" claim that it kta,~ wasted attorney and exYert n.~r.e on <br />this issue' if the case does not go forward IMonon at 41 inappropratei}• focusos on the <br />resources exprnded to date by all parties rather than the rt;sources which would ba <br />expcnded if the NOV ;tea-ing we-.c to go forward. More rescurces would be <br />expended by all parties, and :.ettainly by this Board, than has been expended to dau if <br />depositions were to go forward and the parties and this Board were to conduct an al]- <br />day hearing. Moreover, Basin's preparation of expert repots is equally applicable to <br />a court proceeding as to an administrative hearing before this Board. <br />Furthet;ttorc, even i f this NOV were reinstated or if D4iG had not vacated the <br />JvOV, the Tatums would be required to file an action in stau district court to obtain <br />the relief they desire. This Boazd does not have jurisdiction to deterrrtine diminution <br />in property value or cost of repairs issues. which is the ultimate relief provided by rho <br />Act to homeowners whose house have been damapcd by subsidence from coal <br />mining operations, if the hoateowner does not ~aat the cpcrator to itself atttmpt to <br />repair tbcsebsidence-related damage. § 34-33-] 21(2), C.R.S. and Rule <br />4.20.3(2)(b)(ii). The Tantms have not requested that Basin '7epair. rehabilitate, <br />restore, or replace (their) damaged residrnttal dwc'ling" as provided in Rulc <br />4203(2)((`)(1). 1f *he Board were to heaz the NOV znd find that subs 9ence-related <br />daaraee had occt:zred to the Totem's house since 197 because of Bas7a's <br />undrrground coal eperattons, the Totems x~ould stili'~e required to file an action to <br />DivfG respectfully dsagrees with Basin's statement (p. 3 of the ~9ovon) thzt ~t :gad a <br />rieht to an adjudicaaor. of is N4~' in January. Ake: Rasi-t requested an informal <br />conference with DMG, the ezriiest hearing date required b}~ :hC regulations .L'as ;n <br />;Viarch or Aprl of :his veaz. <br />