ENFORCE37700

• Permit No: M1980143
• IBM Index Class Name: Enforcement
• Doc Name: COMPLAINT
• Media Type: D
• Archive: No

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(a) The Board failed to provide notice to Plaintif
of the second date for the Board's consideration of Spillers'
application, contrary to its directives in its August, 1980
meeting;
(b) The applicant's notices required by §34-32-112
(10)(b), as amended; and the applicable regulations failed
to comply with the statute in that they failed to state the
proposed date of completion for the operation;
(c) The applicant failed to timely file a copy of
the application with the La Plata County Clerk and Recorder
as required by C.R.S. 1973, §34-32-112(LO)(a), as amended;
(d) The applicant failed to give notice to all
adjacent landowners as required by C.R.S. 1973, §34-32-112
(10)(c), as amended;
(e) The Board failed to designate persons signing
a petition protesting the .application as interested persons
entitled to receive notice pursuant to C.R.S.'1973,
§34-32-112(16)(c); as amended;
(f) The Board failed to order a hearing on the
proposed application even though good cause for a hearing
was shown pursuant to C.R.S. 1973, §34-32-115(1), as amended.
•12. The procedural violations of the Board prevented
the Plaintiffs from fully examining the application and formula
objections thereto, and prevented the Plaintiffs from presenting
their views Co the Board at the time it considered the application
13. If the permit is issued, Plaintiffs will be damaged
and will sustain irreparable injury in that their residence will
suffer substantial structural damage and Plaintiffs will be
subjected to significant levels of air pollution and noise, and
the area in and around the affected land, including Plaintiffs'
property, will be impaired for conservational, aesthetic and
recreational purposes.
WHEREFORE, Plaintiffs request this Court to stay the
issuance of the subject permit by the Board pending judicial