ENFORCE34971

• Permit No: M1974041
• IBM Index Class Name: Enforcement
• Doc Name: AMENDED COMPLAINT PETITION FOR JUDICIAL REVIEW
• Media Type: D
• Archive: No

. statutory authority, constituted an erroneous interpretation of
the law, was entered in an arbitrary and capricious manner, and
was unsupported by the evidence.
G. The confirmation or finding of a violation for
constructing a settling pond on the property contrary to C.R.S.
§34-32-116(1)(h) and the permit was improper, exceeded its
statutory authority, constituted an erroneous interpretation of
the law, was entered in an arbitrary and capricious manner, and
was unsupported by the evidence.
H. The Cease and Desist Order exceeded the MLRB's
authority pursuant to law and statute and was overly broad, in
that such Cease and Desist Order effectively stopped all mining
operations, did not contain corrective action proposed to be
required as set forth by statute, constituted an erroneous inter-
pretation and/or application of the law, was entered in an arbi-
trary and capricious manner, and was unsupported by the evidence.
I. The actions of the MLRB effectively suspended the
permit, in fact, although not in substance; normally an operator
may continue mining operations Eor the purpose of bringing the
operation into satisfactory compliance with the provisions of the
permit, at which time the MLRB shall reinstate the permit.
J. The MLRB wrongfully and improperly denied the plain-
tiff's application to postpone the effective date of the Cease
and Desist Order pending judicial review, which denial was in
violation of the law, was arbitrary and capricious, and was
unsupported by the evidence.
K. The approval of the transfer of the permit to Cooley
Gravel Company and approval of it as successor operator when
Cooley Gravel Company had no right to possession and had failed
to establish its exclusive right to the use, possession, and
control of the property was improper, exceeded its statutory
authority, constituted an erroneous interpretation of the law,
was entered in an arbitrary and capricious manner, and was
unsupported by the evidence.
L. Such other matters as may be raised by the parties.
FIRST CLAIM FOR RELIEF
16. Paragraphs 1 through 15 are realleged herein and herein
incorporated by reference.
17. The plaintiff herein requests the Following relief with
respect to the MLRB findings and orders issued May 30, 1985
(based upon the hearing of May 22, 1985):
A. For an order that the findings and orders entered
May 22, 1985 and reduced to writing and issued May 30, 1985 be
and are hereby null and void and of no force and effect at any
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