1979-06-06_ENFORCEMENT - M1978352 ‎(12)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Date: 6/6/1979
• Doc Name: PLAINTIFFS MOTION FOR SUMMARY JUDGMENT 79-CV-1633
• Media Type: D
• Archive: No

•
proposed future use of the effected land, and a location where addi-
tional information about the operation may be obtained, and the location
and final date for filinq objections with the Board, pursuant to
34-32-112 (10) , (C) , C.R.S. 1973 .
C. Plaintiff never received such notice (Goldman
affidavit) .
D. The applicant, Nottingham Sand and Gravel Company,
never provided Plaintiff with any notice of its application.
(Goldman affidavit) .
E. The Plaintiff never received timely, adequate or
actual notice containing the information to be provided pursuant to
34-32-112 (10) (c) , C.R.S. 1973 from the applicant, nor from any
party. (Goldman and Stemwedel affidavits) .
F. The failure to notice as provided in 34-32-112 (10) (c)
as stated in Paragraph B above, requires the Court to set aside the
agency actior).
G. The failure to notice in the matter outlined in
Paragraph E requires the Court to set esiae the agency action as
fundamentally unfair and a denial of -oroce u-a1 due process in vio-
lation of the Fourteenth Amendment of the P. S . Constitution and
Article 2 , Section 25 of the Constitution of the State of Colorado.
H. The failure to notice as provided in Paragraphs
F and G requires the Court to set aside the agency action pursuant
to §24-4-106 (7) , C.R.S. 1973.
I. The Plaintiff has exhausted its administrative
remedies, and Plaintiff is a party adversely affected and/or aggrieved
by the Board's action within the meaning of §24-4 -106 (4 ) , C. R.C . 1973 .
WHEREFORE, Plaintiff, the Eagle River 1978 Trust, moves
the Court for an Order awarding Summary Judgment to Plaintiff for the
relief requested in Plaintiff' s Complaint.
Respectfully submitted,
LAMM 6 SCHADER
William P. Goldstein
Attorney for Plaintiff
831 Pearl Street
Boulder, Colorado 80302
303-447-2601
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