1979-07-02_ENFORCEMENT - M1978352

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December, 1978 in the Eagle Valley Enterprise" (See Defendant' s Reply Brief , page 10) totally ignores what the nature of that legal notice was. Said notice is attached as Exhibits 2 and 3 to Chester Goldman ' s Affidavit and constituted a notice on December 14 of an application for a permit to conduct sand and gravel operations at 11590 U. S. Highway 6 in Eagle, Colorado and that was followed by a retraction for legal notice published on December 21, 1978 of that December 14th notice indicating that "the notice was in error" . Therefore, as far as Mr. Goldman was concerned the application was no longer in effect. As no subsequent notice was provided to the Eagle River 1978 Trust, that retraction of legal notice justified the trust ' s dismay and lack of preparation for the sub- sequent March 1 meeting of which the Trust was never provided notice. Further, as is demonstrated by Mr. Stemwedel ' s Affi- davit (paragraphs 14 and 15) the rural address used to describe the affected land did not properly describe the actual land in question but rather describes land across U. S. Highway 6 on the south side and would in fact be east of the Nottingham land. This further demonstrates that the Eagle River Trust was not given statutory or anything approaching actual notice of the Nottingham application, and its rights were prejudiced thereby. Any notice that Mr. Stemwedel may have accepted was addressed to the Brush Creek and Eagle River Company and the only action that Mr. Stemwedel undertook on behalf of the Eagle River 1978 Trust, vis a vis the Nottingham Sand and Gravel Company' s application, was to advise Chester M. Goldman in the second week of February, 1979 generally of an application of Nottingham Sand and Gravel Company and to write a one-page letter objecting to the application. Mr. Stemwedel was never retained nor paid any fees by the Eagle River 1978 Trust in -10-