Laserfiche WebLink
findings of fact that are completely erroneous on the whole record, <br /> unsupported by substantial evidence when the record is considered <br /> as a whole , and otherwise contrary to the law. <br /> 10 . The instant finding of the Board of Mined Land Recla- <br /> mation of "actual notice" was arbitrary or capricious , a denial <br /> of statutory right, contrary to constitutional right, power, privilege <br /> or immunity, in excess of statutory jurisdiction, authority, purposes, <br /> or limitations , not in accord with the procedures or procedural <br /> limitation of the State Administrative Procedure Act, and as S L <br /> otherwise required by law, an abuse or clearly unwarranted exercise <br /> of discretion, and based upon findings of fact that are completely <br /> erroneous on the whole recored , unsupported by substantial evidence <br /> when the record is considered as a whole , and otherwise contrary <br /> to the law. <br /> 11. The meeting of the Board of Mined Land Reclamation <br /> in the aforementioned matter did not comply with the requirements <br /> of the State Administrative Procedure Act, including C.R.S. 24-4-104 <br /> and/o 24-4-105 (2) and (7) . <br /> 12 . Plaintiff has exhausted his administrative remedies. <br /> 13. Due to the facts stated and reasons given in para- <br /> graphs 1 through 12 Plaintiff is a "party adversely effected and/or <br /> aggrieved" by the board ' s action within the meaning of C .R.S . 24-4-106 <br /> (4) . <br /> WHEREFORE , Plaintiff prays that the record be judicially <br /> reviewed and that said findings be set aside as contrary to law and <br /> to the evidence; that said Board decision be vacated and set aside; <br /> that Defendant, Board and Nottingham be restrained from enforcing <br /> and effecting said Board approval; and that Plaintiff be given <br /> such further and other relief as may seem just and proper. <br /> -3- <br />