_ENFORCEMENT - M1978352

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: STATEMENT OF JOINDER IN DEFENDANT NOTTINGHAM SAND & GRAVEL COS MOTION TO DISMISS OR IN ALTERNATIVE F
• Media Type: D
• Archive: No

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999
IN THE DISTRICT COURT
IN AND FOR THE CITY AND COUNTY OF DENVER,
STATE OF. COLORADO
Civil Action No, 79-CV-1633
THE EAGLE RIVER 1978 TRUST, )
CHESTER M. GOLDMAN, Trustee , )
and OLIVE McCOLLUM GOLDMAN, )
Trustee , )
Plaintiff )
STATEMENT OF JOINDER IN
VS . ) DEFENDANT NOTTINGHAM
SAND AND GRAVEL COM-
THE BOARD OF MINED LAND ) PANY' S MOTION TO DIS-
RECLAMATION of the STATE OF ) MISS OR IN ALTERNATIVE
COLORADO, and NOTTINGHAM SAND ) FOR SUMMARY JUDGMENT
AND GRAVEL COMPANY , and )
individually WILLIAM E. )
NOTTINGHAM, Jr. )
Defendants . )
COMES NOW the Defendant , Board of Mined Land Reclamation
of the State of Colorado ( "State Defendant" ) by and through the
Office of the Attorney General , and Assistant Attorney General
William R. James , thereof , and submits this statement in sup-
port of, and joining in , Sections II and III of the MOTION TO
DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT as herein-
before filed by Defendants Nottingham Sand and Gravel Company ,
and William E. Nottingham, Jr. ("non-State Defendants" ) . In
addition , State Defendant adopts , to the extent applicable to
said Sections II and III , non-State Defendants' MEMORANDUM
BRIEF IN SUPPORT OF DEFENDANTS ' MOTION TO DISMISS OR IN ALTER-
NATIVE FOR SUMMARY JUDGMENT. Plaintiff was afforded both actual
notice, as well as an opportunity to be heard. Indeed, such
opportunity was taken limited advantage of by the filing by
Mr. Robert Stemwedel , then acting as attorney for Plaintiff , of
a letter of protest--said letter making no request for the more
extensive "hearing" opportunity provided for by the Colorado
Administrative Procedures Act , and recognized by the rules and
regulations of the State Defendant . Due process, as codified