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SUMMARY <br />This Court should refuse to exercise jurisdiction over this matter because the agency <br />order from which the Plaintiff's seek judicial review is not a final agency order subject to judicial <br />review. Because this case is not yet ripe for review and is not one over which [he Court has <br />jurisdiction, the Court should dismiss the Complaint for Judicial Review and deny the Plaintiffs' <br />Application fot Temporary Relief. <br />Furthermore, even if the Court decides to exercise jurisdiction over this matter for the <br />purpose of determining the merits of the Application for Temporary Relief, the Court should still <br />deny the relief sought. The Plaintiffs fall short of meeting the required burden of showing a <br />"substantial likelihood" that they will prevail on the merits of the final determination of their <br />judicial review action. Because they do not meet the requirement for temporary relief set out in <br />the Colorado Surface Coal Mining Reclamation Act, § 34-33-128(3), C.R.S., Plaintiffs' <br />Application for Temporary Relief should be denied. <br />BACKGROUND <br />This case involves the processes by which the owners of land surface and structures may <br />seek relief from the operators of coal mines when the operation or effect of those coal mines has <br />rPailred in damaue to rh= nroperrv numers. On December 1, 1997, this Court decided a matter <br />related to the current issue between the Plaintiffs and Basin Resources, Inc. ("Basin"). See <br />.lames (Jim) Tatum and Ann Tatum v. Basin Resources, Inc., Case No. 92 CV ] 27 (Dec. 1, <br />1997}. In that case the Court determined that, prior to the December I, 1997, decision, `'[t)he <br />[Plaintiffs'] residence was considerably damaged by the subsidence, which was caused by the <br />mining operation" at Basin's Golden Eagle Mine. As a result of the Court's judgment in that <br />2 <br />