1979-04-11_ENFORCEMENT - M1978352

Home Browse Search

never made a request for a hearing on the question of whether the Plaintiff Trust had received notice of the Nottingham Sand and Gravel Company permit application. G. Both the Mined Land Reclamation Act and the Colo- rado Administrative Procedure Act provided Plaintiffs with the opportunity to request and obtain an administrative adjudicatory hearing pursuant to C.R.S. ' 73, 524-4-105 with respect to the issuance of a permit to Nottingham Sand and Gravel Company and with respect to the question whether the Plaintiff Trust had received the required notice of the per- mit application. H. By failing to request an adjudicatory hearing Plaintiffs have ignored and sought to circumvent an essential administrative procedure and have thus failed to exhaust their administrative remedies. I. Exhaustion of available administrative remedies is a necessary prerequisite to judicial review of adminstrative action and Plaintiffs ' failure to satisfy this requirement mandates dismissal of their action, or in the alternative, an award of summary judgment to the Defendants. III . Plaintiffs had full, adequate and timely notice of Defendants' permit application. A. Plaintiffs' Complaint is grounded upon the con- tention that the Eagle River 1978 Trust, as an alleged adjacent landowner, did not receive the required notice of the Nottingham Sand and Gravel Company extraction and devel- opment permit application. See, Complaint at Paragraphs 4 .- 8 . B. The undisputed facts, as revealed by the adminis- trative record and appropriate affidavits to be submitted by Defendants with their supporting Memorandum Brief show, however that all necessary notice requirements with respect to the Nottingham Sand and Gravel Company application were fully satisfied. Specifically, there is no material dispute as to the following facts: -4-