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Factual Baclcpround The administrative record will show that, acting without the advice of counsel, Ann'l utum tiled an administrative complaint with DMG concerning the subsidence damage that has occurred to the residence house at Solitario Ranch since this Court's decision in .lames (Jim) and Ann Tatum v. Ilasin Resources. Inc., No. 92-CV-127 (Dist. Ct. Las Animas County, Colo. Dec. 1, 1997). DMCi investigated Ms.'1'a~um's ootttplaint, found that it had merit; and issucdNotice of V iolation No. L V- 2000-009 ("the NOV") pttrsoant to Colo. Rev. Slat. § 34-33-123(2). 'The NOV assigned liability for the new subsidence damage to Basin and required the tympany to repair the damage or, altemativcly, to compensate the Tatums adequately. Ptusuantto Colo. Rev. Slat. Q 34-33-124(l)(a), Basin requested adtinistrative review of tt~c NUV before the Board. The Tatums successfully moved the Board fur permission to intervene in the admini strative review proceedings. During the discovery process, the Tatums and DMG teamed that Basin intended to challenge [o theNUV through expert opinion evidence substantially identical to the expert evidence this Court considered and rejected in the Tatums initial subsidence damage action against Aasin. lndeed, the only Bound that Bssin gave For challenging the NO V is the theory that coal mine subsidence in Basin's Golden L•agle Mine could never have damaged the Tatums' residence in the first place, and thus cannot have damaged the structure alter 1997. Thus, Basin's case on administrative review asked the Board to reject this Court's December 1, 1997, tiendings and conclusions on the role of coal mine subsidence in damaging Solitario before that date. lnvokin2 principles ofcollateral estoppel, tlte'1'atums and DMG moved the Board to prohibit Basin from introducing expert opinion evidence chat disputed this Court's findings and conclusions -4-