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ha~jurisdiction of the TATUMS' claims, and venue of those claims is properly laid in Las <br />Animas County, Colorado. <br />' Factual Allegatioxts <br />5. Solitario Ranch contacts approximately 153 acres of land in the valley of the Purgatoire <br />River neaz Weston, Colorado. The property includes an adobe residence house. <br />6. The TATUMS became the owners o£ Solitario Ranch In March 1988. <br />7. BASIN conducted unclcrgruwid i:oal Axuuiug operations beneath Solitario Ranch begimztiug <br />in May 1988. <br />8. BASIN or its predecessor continued to conduct underground coal mining operations from <br />May 1988 until late June or 7uly 198 B, d17fITff which time BASIN advanced the underground <br />workings to points in sufficiently proximity to the adobe residence house to enable <br />subsequent coal mine subsidence to affect the ground beneath the house. <br />9. As Ia result of poor mining conditions - a "soft" floor coupled with water coming into the <br />mine -BASIN ceased mining near the adobe residence house around the euJ of Juue 1988. <br />10: BASIN subsequently allowed the underground coalmine workings ztear the adobe resideacz <br />house to flood. <br />11. Coal mice subsidence in khe workings BASIN abandoned near the adobe residence house <br />considerably damaged the house after the cessation o£mining. <br />12. The TATUMS subsequently filed a civil action against BASIN in this Court styled James <br />(Jim) Tatum and Ann Tatum v. Basin Resources, loc., No. 92-CV-127. <br />13. During the pendency of Civil Action No. 92-CV-127, the TATL71bIS repaired the initia3 <br />subsidence damage to the adobe residence house. <br />I <br />14. On December 1, 1997, following a six day trial, this Court entered findings of fact, <br />conclusions of law, asad a judgment in favor of the TATTIMS against BASIN. <br />15. Among this Court's findings and conclusions was the determination that "[s]ubsidence was <br />evident In various locations on the Tatum properly ... [t]he Tatum residence was <br />considerably damaged by subsidence, which was caused by the mining operation." <br />16. .Based on this determination, the Court entered j udgment in the amount of the diminution in <br />the'market value of Solitar3o Ranch attributable to the initial subsidence damage that the <br />TATi7NIS' adobe residence house sustained. <br />05 <br />~~ -2- <br />