1979-10-03_ENFORCEMENT - M1978352

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Date: 10/3/1979
• Doc Name: ANSWER OF NOTTINGHAM SAND & GRAVEL CO 79-CV-1633
• Media Type: D
• Archive: No

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IN THE DISTRICT COURT q�
IN AND FOR THE CITY AND COUNTY OF DENVER
STATE OF COLORADO
Civil Action No. 79-CV-1633, Courtroom No. 8.1� j�� 1979
) OR�FyG�cNE F
THE EAGLE RIVER 1978 TRUST, Rq�
CHESTER M. GOLDMAN, Trustee, )
and OLIVE McCOLLUM GOLDMAN, )
Trustee, )
Plaintiffs, )
ANSWER OF
VS. ) NOTTINGHAM SAND AND GRAVEL COMPANY
THE BOARD OF MINED LAND )
RECLAD'fATION OF THE STATE OF )
COLORADO and NOTTINGHAM SAND )
AND GRAVEL COMPANY, )
)
Defendants. )
Defendant, Nottingham Sand and Gravel Company ( "Defen-
dant") , by and through its attorneys, Conover, McClearn, Heppenstall
& Kearns, P.C. , for an Answer to Plaintiffs' Complaint, states the
following :
1. Defendant admits the allegations of paragraph 1 of
the Complaint.
2. With regard to the allegations of Paragraph 2 of
the Complaint, Defendant is without knowledge or information suf-
ficient to form a belief as to the truth of whether Plaintiffs
were immediately adjacent land owners of record at the relevant
time with respect to the property encompassed by Defendant' s
permit application. Defendant admits that notice of a pending
extraction and development permit application must be provided
to land owners of record immediately adjacent to the area within
the permit application under the terms of the Colorado Mined
Land Reclamation Act, C.R.S . 1973, §34-32-101 et sec . and the
regulations promulgated thereunder. Defendant denies that
Plaintiffs failed to receive proper notice of Defendant' s Pend-
ing permit application.
3. Defendant admits the allegations of paragraph 3
of the: Complaint.
4. With regard to the allegations of paragraph 4
of the Complaint, Defendant admits that the Colorado Mined Lend
Reclamation Board effectively made a finding that actual notice