Laserfiche WebLink
PAG <br />17, BASIN has fully satisfied this Court's December 1,1.997, judgment inthe TATU114S' favor. <br />18. Coal mine subsidence in the workings SA5IN abandoned near the adobe residence house <br />on SoGtario Ranch has continued to occur and to cause movement of the ground beneath or <br />adjacent to the house after December 1,1997. <br />19. Alternatively, the coal mine subsidence that occurred prior to December 1, 1997, has <br />continued to cause movement ofthe groundbeneath or adjacentt0 the adobe residence boost <br />after December 1, 1997. <br />20. Ground movementbeaeathoradjacenttotheadoberesideacehouseafterDecemberl,1997, <br />as the result o£ coat mint subsidence that hss occurred in the underground workings RA5IN <br />abandoned in 1988, has caused the walls of the adobe residence house to crack and has <br />caused one wall of the structure to separate from an adjacent wall. <br />21. As a result of continuing, subsidence-induced damage to the adobe residence house a:Rer <br />December 1, 1997, the'I'ATUMS have sustained additional diminution in the market value <br />of Solitario Ranch in excess of the diminution this Court attributed in its December 1,1997, <br />judgment to the initial subsidence damage that BASIN caused. <br />~IIi9T CAUS>; OT A ON <br />22. Tlzc TATUMS incorporste paragraphs 1 tYuough 21 a£this complaint by reference as if fully <br />copied and set forth is length. <br />23. The cracking and separation of the walls of the adobe residence house on Solitario Ranch as <br />the result of ground movement caused either by continuing coal mine subsidence or by <br />continuing manifestations of coal mine subsidence occurring after December 1, 1997, <br />constitutes "material dattaage" within the meaning of 2 Colo. Code Regs. § 4.20.3(2) (1991) <br />and thus establishes a `wiolauon by an operator of [a] rule ur regulation promulgated .. . <br />pursuant to this article" within the meaning of Colo. Rev. Stet. § 34-33-135(6) (2000). <br />24. BASIN has failed and refused to restore, rehabilitate, or remove and replace the adobe <br />~, residence house. <br />25. BASIN has failed cad refused to purchase the adobe residence house. <br />26. .BASIN has failed and refused to compensate the TATUMS in the full amount of the <br />additional diminution in the value of Solitario Ranch resulting from subsidence. <br />.... <br />27. Pursuant to Co10. Rev. Stet. § 34-33-135(6) (2000), the TATUMS are entitled to recover <br />damages (including reasoaable attorney and expert witness fees) against BASIN in the <br />-3- <br />