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Cutting through the protestations of constitutional <br /> deprivation and administrative abuse, Plaintiffs' notice claim is <br /> simply this: The notice by certified mail of the Nottingham Sand <br /> and Gravel Application should have been addressed to the Trust <br /> instead of the Brush Creek and Eagle River Company. The ground- <br /> less and frivolous nature of this claim is revealed by the fact <br /> that the Trust and the Brush Creek and Eagle River Company had the <br /> same mailing address, were represented by the same attorney who <br /> received such certified mailing and were comprised in part of the <br /> same principals. In light of this undisputed factual posture, <br /> Plaintiffs' claim must fail and Defendants are entitled to a <br /> dismissal of the Complaint or in the alternative an award of <br /> summary judgment. <br /> III. CONCLUSION. <br /> For the reasons set forth above, Defendants Nottingham Sand <br /> and Gravel Company and William E. Nottingham, Jr . respectfully re- <br /> quest that the Court dismiss Plaintiffs' Complaint with prejudice <br /> or, in the alternative, award summary judgment to Defendants on <br /> Plaintiffs' Complaint. <br /> IV. ORAL ARGUMENT. <br /> Defendants request the opportunity for oral argument pursu- <br /> ant to Local Rule 20 ( f) . <br /> Respectfully submitted, <br /> CONOVER, McCLEARN, HEPPENSTALL <br /> & KEARNS, P.C. <br /> B <br /> Mich el S. McCarthy <br /> Registration No. 668 <br /> 700 Denver Club Building <br /> Denver, Colorado 80202 <br /> (303 ) 292-9450 <br /> Attorneys for Nottingham Sand <br /> and Gravel and William E. <br /> Nottingham, Jr. <br /> -13- <br />