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999 <br /> IN THE DISTRICT COURT <br /> IN AND FOR THE CITY MID COUNTY OF DENVER <br /> STATE OF COLORADO <br /> Civil Action No. 79-CV-1633; Courtroom No. 8 <br /> THE EAGLE RIVER 1978 TRUST, ) <br /> CHESTER M. GOLDMAN, Trustee, ) <br /> and OLIVE McCOLLUM GOLDMAN, ) <br /> Trustee, ) <br /> Plaintiffs, ) <br /> ANSWER OF <br /> VS. ) NOTTINGHAM SAND AND GRAVEL COMPANY <br /> THE BOARD OF MINED LAND ) <br /> RECLAMATION OF THE STATE OF ) <br /> COLORADO, NOTTINGHAM SAND ) <br /> AND GRAVEL COMPANY, ) <br /> Defendants, ) <br /> Defendant, Nottingham Sand and Gravel Company ( "Defen- <br /> dant") , by and through its attorneys, Conover, McCl.earn, Heppenstall <br /> & Kearns, P.C. , for an Answer to Plaintiffs' Complaint, states the <br /> following: <br /> 1. Defendant admits the allegations of paragraph 1 of <br /> the Complaint. <br /> 2 . With regard to the allegations in Paragraph 2 of <br /> the Complaint, Defendant is without knowledge or information suf- <br /> ficient to form a belief as to the truth of whether Plaintiffs <br /> were immediately adjacent land owners of record at the relevant <br /> time with respect to Defendant' s property. Defendant admits that <br /> notice of a pending extraction and development permit application <br /> must be provided to land owners of record immediately adjacent to <br /> the area within the permit application under the terms of the <br /> Colorado Mined Land Reclamation Act C .R.S . 1973 , 534-33-101 et <br /> seg. and the regulations promulgated thereunder . Defendant <br /> denies that Plaintiffs failed to receive proper notice of Defen- <br /> dant' s pending permit application. <br /> 3. Defendant admits the allegations of paragraph 3 <br /> of the Complaint. <br /> 4 . Defendant admits that the Colorado Mined Land <br /> Reclamation Board effectively made a finding that actual notice <br />