_ENFORCEMENT - M1978352 ‎(12)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: ANSWER OF NOTTINGHAM SAND & GRAVEL CO
• Media Type: D
• Archive: No

of Defendant' s permit application was provided to Plaintiffs.
Defendant affirmatively alleges that the express finding of
the Board was that Defendant had complied with all applicable
notice requirements with regard to its permit application.
5. Defendant denies each and every one of the alle-
gations contained in paragraphs 5-13 of the Complaint.
FIRST AFFIRMATIVE DEFENSE
Plaintiffs have failed to exhaust their administrative
remedies and are therefore barred from seeking judicial review.
SECOND AFFIRMATIVE DEFENSE
Plaintiffs were not parties to the administrative pro-
ceeding which is the subject of this Complaint and thus have no
right to seek judicial review under the Colorado Administrative
Procedure Act, C .R.S. 1973, as amended, §24-4-106 .
THIRD AFFIRMATIVE DEFENSE
The facts revealed in the record made before the
Colorado Mined Land Reclamation Board in connection with Defen-
dant' s permit application conclusively support the decision of
the Mined Lewd Reclamation Board to approve the permit application .
FOURTH AFFIRMATIVE DEFENSE
The undisputed facts relevant to this action conclu-
sively demonstrate that Plaintiffs received timely and proper
notice of Defendant' s permit application.
FIFTH AFFIRMATIVE DEFENSE
Plaintiffs' have failed to state a claim upon which
relief can be granted.
WHEREFORE, Defendant requests that Plaintiffs' Com-
plaint be dismissed with prejudice and that Defendant be awarded
its costs and attorneys' fees pursuant to C.R.S. 1973 , as amended,
§13-17-101.
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