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,:~ .. i _1'1- ~ 8_:_it3YM :'1 YIIKU JliU1Cl AL lll~ ~- Conclusions of Law 1. The operator of an underground coal mine is Iiable for damages caused to propert~~ by operation of their mining operations. Surface owners are entitled to recover aamages caused to their dwellinbs by underground coal mining subsidence. Here, ground subsidence by the underground coal mining nperaation of Defendant caused stnrctural movement and rnarerial damage to Plaintiffs' dwelling. 2. 'The measure of damages in a case of coal mine subsidence in Colorado is the "fell amount of the diminution of value" as specified by the Colorado Surface Coa] Mining Reclamation Act, and regulations adopted pursuant to this Act. See C.R.S. 34-33-103, 121, 133.5, 7 35{6), and 2 Colo. Code of Regs., 4.20.3(2)(b)(ii). The "full amount of the diminution of value" is noI defined in the statute or regulation, nor does the statute or regulation articulate an intent to adopt the common law definition. Here, the Coun has applied the definition advanced by Plaintiffs that this is a special regulatory measure of damages, and that Plaintiffs roust be compensated for the full amount of their damage measured b}' the value of the property widr subsidence and the value of the property without subsidence, calculated as of the date of judgment. 3. ]i is a fi;ndamental law of equity that a pa»y may not receive duplicate compensation for injuries or damages cause~3 by another. Nero, credit to Defendant of $48,000.00 prcviousiy paid must be applied to Coe final Judgment. 4. ]n any civil action for damages, the plaintiff ltas the burden of proving their claim by a preponderance of the evidence. To prove something by a preponderance of the evidence means to prove that. it is more probably true than not. 5. Colorado law makes no distinction between the effect of direct evidence and circumstantial evidence. 6. Any person who is injured in person or property through the violation by an operator of any rule nr regulation promulgated may bring an action for damages {including reasonable attorney and expert witness fees) against su:,h operator only in fhe county where the violation occurred. Here, Defendant having failed to compensate Plainti#f's for their damages, Plaintiffs are entitled to an award of attorney fees. C.R.S. 34-33-135(6).