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.... .. ..... _ <br />By:1A0RflI$ LAW OFFICE. 8062932811 ; Apr•25-Qt 1+.~•+wm; ..,y„ ~._ <br />1CAP'1<-lOPi] <br />This mattercame before the Court on the application of ]im and Ann Tatum ("the Tatum.,' <br />for temporary relief from 3[t order of the Colorado Mined Lend ReclBntatiuu Board (`the $oard") <br />entitled "l:inal Board Order in the Matter of the Board's Consideration of an Objection to the <br />Withdrawal of thoHcmi.ng on Notice of ViolationNo. CV-2000-009." 'I'hc order in question holds, <br />in reSlx~nse to paper filed by Basin Resources, Inc. ("Basin"), that the Colorado Division of <br />MirtasLvi and Geology ("DMG") did not have the authority to vacate Notice of Violation No. CV- <br />2000-009, which DMG had previously issued lu Basin pursuant to the Colorado Surface Coal <br />Mining Reclamation Act. The Board's order reschedules an adtninislrative hearing on Notice of <br />V iolatiun No. CV-2000-009 for Apri125, 2001. <br />The Court convened a hearing oa the Tatums' application for temporaty relief un April 23, <br />2 W 1. "['he Board and Basiaappeared by counsel and opposed the application. I)MCi had previously <br />advised! the Court that it did nut intend to participate in the hearing on temporary relief. <br />At the heating, the Tazums filed the certified administrative record upon which the Board <br />issued the order in question. At the outset of the hearing, all parties present stipulated (1) that each <br />patty tb ibis proceeding has been notified of the Tatums' application for temporary relief and has <br />been given aII opportunity to be heard nn that request and (2) that the temporary relief requested in <br />this iu~taace will not adversely affect the public Health or safety or cause sipztifiesnt imminent <br />envimjunental harm to land, air, or water resources. The Court proceedzd to hear argtunent <br />regarding the (;ottrt's jurisdiction ol'this action and whetherthcre is a substantial likalihnndthat the <br />Tatums will prevail on the merits of the final detenninetion of this case. <br />-1- <br />170'd 656 f0. SL ~dy 8SSS998S0£:xP~ <br />