1979-04-25_ENFORCEMENT - M1978352

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Date: 4/25/1979
• Doc Name: MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR IN ALTERNATIVE FOR SUMMARY JUDGMENT
• Media Type: D
• Archive: No

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IN THE DISTRICT COURT � 2s �yJ
IN AND FOR THE CITY AND COUNTY OF DENVER OR�F�0'
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STATE OF COLORADO •«�P
Civil Action No. 79-CV-1633, Courtroom No. 8
THE EAGLE RIVER 1978 TRUST, )
CHESTER M. GOLDMAN, Trustee, )
and OLIVE McCOLLUM GOLDMAN, )
Trustee, )
1
Plaintiffs, )
MEMORANDUM BRIEF IN
VS. ) SUPPORT OF DEFENDANTS '
MOTION TO DISMISS OR IN
THE BOARD OF MINED LAND ) ALTERNATIVE FOR SUMMARY
RECLAMATION of the STATE ) JUDGMENT
OF COLORADO, NOTTINGHAM )
SAND AND GRAVEL COMPANY, )
and Individually WILLIAM )
E. NOTTINGHAM, JR. , )
Defendants. )
Defendants, Nottingham Sand and Gravel Company and
William E. Nottingham, Jr. , by their attorneys, Conover, McClearn,
Heppenstall S Kearns, P.C. , submit the following Memorandum Brief,
together with accompanying Affidavits and Exhibits, in support of
their Motion to Dismiss or in the Alternative for Summary Judgment.
I. STATEMENT OF MATERIAL UNDISPUTED FACT.
Nottingham Sand and Gravel Company is a Colorado corporation
engaged in the production and sale of sand and gravel materials at
two separate extraction and processing sites near the town of Avon
in Eagle County, Colorado. [Nottingham Affidavit, 12. ]
These operations, known as the Eagle Pit and the Avon Pit,
are subject to the requirements of the Colorado Mined Land Recla-
mation Act of 1976, Section 34-32-101, et seq. , C.R.S . 1973, as
amended (the "Act" ) . The Act applies broadly to all mining opera-
tions within the State of Colorado and requires that such opera-
tions obtain an extraction and development permit from the Mined
Land Reclamation Board (the "Board" ) , a seven-member body which
meets monthly to act upon permit applications, consider enforce-
ment actions and attend to other administrative matters arising