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., <br />DISTRICT COURT, DELTA COUNTY, COLORADO <br />Civil Action No. 87 CV 183 <br />iii iiiiiiiiiiiiiiii <br />~~~~~~~.~, 999 <br />~ar~ ~~ i'~aaa <br />MINED LAND <br />RECLAMATION DIVISION <br />AMENDED COMPLAINT <br />~~],~ <br /> <br />7 9 <br />1 <br />GIFFORD ALLEN, DEAN ALLEN and PAUL ALLEN, ~ d.~~ L G~.2~ <br />d/b/a ALLEN BROTHERS COAL, <br />w~ , ~~ !~6~'' <br />Plaintiffs, /. <br />v. <br />TBE COLORADO MINED LAND RECLAMATION BOARD; <br />BLUE RIBBON COAL COMPANY; and GRAND MESA PROPERTIES, <br />Defendants. <br />The Plaintiffs, by and through their attorneys Coleman, Brown <br />6 Jouflas, state the following allegations and claims for relief <br />against the Defendants. <br />GENERAL ALLEGATIONS <br />1. This is an action for judicial review pursuant to C.R.S. <br />24-4-106, to review and determine the legality of action taken by <br />the Colorado Mined Land Reclamation Board as a governmental body <br />exercising its quasi-judicial function which has exceeded its <br />jurisdiction or abused its discretion and there is no other plain, <br />speedy and adequate remedy otherwise as provided by law. <br />2. Plaintiffs, Gifford Allen, Dean Allen and Paul Allen, <br />d/b/a Allen Brothers Coal, are the owners as tenants in common of <br />a tract of land located in Delta County, Colorado, more <br />particularly described as follows: <br />Lots Two (2), Three (3) and Four (4) and the <br />Southeast Quarter of the Northwest Quarter <br />(SE~NW~) of Section Two (2), in Township <br />thirteen (13) South of Range Ninety-One (91) <br />West of the Sixth Principal Meridian, <br />containing 163 acres, more or less, except 3 <br />acres thereof described as follows: <br />Beginning at a point 20 rods West of the <br />Northeast corner of the West 40 acres, thence <br />West 8 rods, thence South 40 rods, thence East <br />16 rods; thence in a direct line to the point <br />of beginning (hereinafter referred to as <br />"Property'). <br />