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Boynton, et al. v. MLIZB, et al. Case No. Ol CV3425 Verified Motion for Clazification Page 4 presentation or interrupting a plaintiff who is attempting to cross-examine a witness."t Ms. Boynton asserts that a review of the transcript from the Formal Hearing held on December 16, 2003, will show that this occurred repeatedly and Ms. Boynton was again denied a full and fair hearing. 15. When conducting the Pre-Hearing Conference and Formal Heazing, the MLRB did not require Four States to update or resubmit its application for a reclamation permit. At the end of the Formal Heazing, the MLRB granted Four States application after little deliberation, indicating again that the MLRB is biased. 16. Ms. Boytrton presented concrete evidence, through her expert witness and in cross- examination, that Four States' application and operation of the Line Camp Pit violates 44 CFR 60.3(10), Montezuma County ordinances 4.4-2(iii), 4.3-4(i) and 5.1-5, and C.R.S. §§ 34-32.5- 116(4)(c), (4)(i) and (4)(j) and 34-32.5-115(4)(d). The DMG presented no evidence proving otherwise, yet the MLRB chose to ignore all of these above violation s and re-approve the Line Camp Pit in violation of their own governing statute. WHEREFORE, Ms. Boynton respectfully requests that the Court issue an Order clazifying its August 11, 2003 Order in this matter and requiring the MLRB to certify the transcripts to the Court from the October 29, 2003 Pre-Hearing Conference and December 16, 2003 Formal Hearing at its own cost. A proposed order is submitted herewith. Respectfully submitted this 31st day of December, 2003. CALOIA, HOUPT & HAMILTON, P.C. Attorneys for Plaintiff Marilyn Boynton Duly signed original on Gle at Law pfGcea nI CALOiA, HOUPT & HAMILTON, P.C. Mary Eliz beth Geiger, No 2331 1204 Grand Ave. Glenwood Springs, CO 81601 (970)945-6067 mem cr onris.nct Filed via Courtlinlc ~ MLRB's Answer Brief at 13-14. ROYN70N-motion for clarificatim~