1979-06-22_ENFORCEMENT - M1978352

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Date: 6/22/1979
• Doc Name: REPLY BRIEF OF DEFENDANTS WILLIAM E NOTTINGHAM JR & NOTTINGHAM SAND & GRAVEL CO & MEMORANDUM BRIEF I
• Media Type: D
• Archive: No

In an apparent contradiction of their own factual
statements, both Mr. Goldman and Mr. Stemwedel maintain that
Mr. Stemwedel was not retained to represent the Eagle River
1978 Trust in connection with the Nottingham permit applica-
tion, despite the fact that Mr. Stemwedel accepted certified
notice of the Nottingham permit application, examined the
permit application at the Clerk and Recorder' s office, noti-
fied Mr. Goldman that the application was pending and finally
wrote a letter of objection to the Mined Land Reclamation
Board on behalf of the Eagle River 1978 Trust which contained
the following statement:
"Please be further advised that I request
an opportunity to appear before the Board of
Mined Land Reclamation to make known, more par-
ticularly, my clients' objection to the above
referenced permit. " February 16, 1979 letter
of Robert J. Stemwedel , attached to the Affi-
davit of Mark A. Heifner as Exhibit 1.
(emphasis supplied) .
The statements of Messrs. Goldman and Stemwedel that
Mr. Stemwedel did not represent the Eagle River 1978 Trust
on anything other than a matter which "was essentially con-
cluded in September, 1978" [Stemwedel Aff. , para. 3] are
rendered particularly suspect in view of the contents of a
letter from Mr. Stemwedel to George J . Petre, an attorney
representing Nottingham Sand & Gravel, dated February 13 ,
1979 and attached hereto as Exhibit 1. That letter dis-
cusses several different real estate transactions between
the Trustees of the Eagle River 1978 Trust and Nottingham
Sand & Gravel. It is clear from Mr. Stemwedel ' s February
13 letter that he was in fact representing the Trust in
connection with numerous wide-ranging real estate trans-
actions and other legal matters. Moreoever, the Stemwedel
letter contains specific reference to the pending Nottingham
Permit Application:
"With respect to Nottingham' s application
to the Colorado Mined Land Reclamation Board
for a permit to conduct sand and gravel opera-
tions, I have advised the Trustees that they
have until February 21 , 1979 , to file their
objection to the proposed reclamation plan. "
Exhibit 1, p. 2 .
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