1979-06-22_ENFORCEMENT - M1978352

Home Browse Search

evidence on the record viewed as a whole. Without reiterating undisputed facts discussed in the prior Memorandum Brief, Defendants will demonstrate here that the contents of the Affidavits accompanying Plaintiffs' Memorandum Brief present some of the strongest support for the Board ' s finding of actual notice. Specifically, the Affidavits of Robert J. Stemwedel, Jr. (hereinafter, "Stemwedel Aff. ") and Chester M. Goldman (hereinafter, "Goldman Aff. ") reflect the following information. Mr. Stemwedel received, on January 22, 1979, a notice of the pending Nottingham Sand & Gravel Company permit application. Stemwedel Aff. para. 4. It is significant that this notice was received at a mailing address which the Eagle River 1978 Trust "shared" with the Brush Creek and Eagle River Company, the actual addressee of the notice. See, Plaintiffs' Memorandum Brief at p. 12 . Mr. Stemwedel then proceeded to examine a copy of the Nottingham Permit Appli- cation as filed with the Clerk and Recorder' s Office in Eagle, Colorado. Stemwedel Aff . para. 6 . (Mr. Stemwedel notes that Exhibit "M" was missing from the application; however, a review of the Rules and Regulations reveals that the re- quired permit format does not contain an Exhibit "M") . Subsequently, during the second week of February 1979, Mr. Stemwedel informed Plaintiff Chester M. Goldman in a tele- phone conversation that the Nottingham application had been filed and was pending before the Board. Stemwedel Aff. para. 7. In fact, this was a matter which Mr. Goldman had already learned by reading a legal notice in December of 1978 in the Eagle Valley Enterprise. Goldman Aff . para. 15. Messrs. Stemwedel and Goldman both acknowledged that Mr. Goldman directed Mr. Stemwedel, at some point prior to February 16, 1979, to submit a letter of objection to the Nottingham Permit Application. Stemwedel Aff. para. 10, Goldman Aff. para. 19. -10-