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• <br /> Clearly The Complaint of Plaintiff provides notice to <br /> Mr. Nottingham that serious defects regarding notice obligations <br /> which he or his company are required to comply with exist. The <br /> failure to supply notice is a failure of non-state Defendants <br /> and is specifically ennumerated in Paragraphs five (5) through <br /> eight (8) of Plaintiff' s Complaint and thus a claim has been made <br /> against Mr. Nottingham contrary to Defendants assertion. <br /> Further, Rule 19 of the Rules of Civil Procedure requires <br /> joinder, if feasible, of any party, in whose abscence complete re- <br /> lief cannot be accorded or if his rights may be impaired, or if <br /> failure to join may leave other parties subject to multiple liabil- <br /> ity. Further, Rule 20, permits the joinder of parties against <br /> whom are asserted rights to relief in respect of the same transaction, <br /> occurrence or series of transactions or occurrences and if any <br /> questions of - law or fact is common to all Defendants. In the in- <br /> stant case the matter of the proper compliance with the notice re- <br /> quirements of statute, constitutions and judicial precedent (infra <br /> page 11-14 may require that the Board, Nottingham Sand and Gravel <br /> Company, and William Nottingham be restrained from enforcing the <br /> permit approval. If all these parties are not joined the complete <br /> relief requested may not be available to Plaintiff and the purpose <br /> of Rule 19 would be defeated. With the same reasons , clearly Rule <br /> 20 would permit joinder of Mr. Nottingham as the relief requested <br /> relates to the same transaction, i .e. , the application of Notting- <br /> ham Sand and Gravel Company, and requires the resolution of identi- <br /> cal questions of law or fact regarding the propiety of the Boards <br /> actions and the actions or omissions of Nottingham Sand and Gravel <br /> Company and William Nottingham. <br /> The provisions of Rules 19 and 20 and §24-4-106 C.R.S . <br /> 1973 would be violated if the Court were at this stage to dismiss the <br /> cause of action against Mr. William Nottingham. The purpose of <br /> §24-4-106 (4 ) is "to insure the complete and just ajudication of the <br /> rights of those having an interest in the subject matter of the liti- <br /> -3- <br />