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REV93243
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REV93243
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Entry Properties
Last modified
8/25/2016 3:14:35 AM
Creation date
11/21/2007 11:28:59 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981047
IBM Index Class Name
Revision
Doc Date
1/21/1988
Doc Name
AMENDED COMPLAINT
Type & Sequence
SL1
Media Type
D
Archive
No
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3. Defendant, the Colorado Mined Land Reclamation Board <br />(hereinafter referred to as "Board"), is a political subdivision <br />of the State of Colorado, organized and existing under the laws of <br />the State of Colorado for the purpose, inter alia, of enforcing <br />the provisions of Article 33 of Title 34, including condu6ting <br />adjudicatory hearings and deciding appeals of proposed Colorado <br />Mined Land Reclamation Division decisions for partial bond release <br />according to C.R.S. 1973 34-33-105 and 125(6) and (7), as amended. <br />4. On November 6, 1986, Defendants, Blue Ribbon Coal <br />Company and•Grand Mesa Properties, as operators of the Blue Ribbon <br />Mine located partially on the subject property in Delta County, <br />Colorado, requested the Colorado Mined Land Reclamation Division <br />(hereinafter referred to as 'Division') to make a partial bond <br />release. <br />5. The Division issued a proposed decision on March 20, <br />1987 and, on April 20, 1987 the Plainiffs timely filed a request <br />for an adjudicatory hearing before the Board on this proposed <br />decision. <br />6. The Board conducted an adjudicatory hearing in Glenwood <br />Springs, Colorado on June 23, 1987 with all parties present. The <br />Board's decision, characterized as "Findings of Fact and <br />Conclusions of Law and Board Order in the Matter of: Adjudicatory <br />Bearing Concerning Proposed Bond Release Decision for Blue Ribbon <br />Mine File No. C-81-047, was dated July 9, 1987 by the chairperson <br />of the Board. The decision of the Board was received by Mr. <br />Gifford Allen on or about July 13, 1987. No copy has been served <br />upon Plaintiffs' counsel of record. <br />7. Plaintiffs have been adversely affected and aggrieved by <br />the Board's actions. Moreover, the Board decision dated July 9, <br />1987 and the administrative record upon which the decision is <br />based is in excess of the Board's statutory rights and <br />jurisdiction, an abuse of its discretion and violated its <br />practices and regulations. <br />TBEREFORE, Plaintiffs request a judgment and decree of this <br />Court against the Defendants as follows: <br />A. Directing the Defendant Board to certify to this Court <br />its record before it in this matter, including all tapes, <br />transcriptions, documents and exhibits considered a part of this <br />proceeding. <br />B. Declaring that the Board decision and order dated July <br />9, 1987 and complained of herein is null and void and in excess of <br />the Board's jurisdiction or an abuse of its discretion or <br />violation of statutory and regulatory provisions and practices. <br />C. Enjoining the Defendant Board from executing its July 9, <br />1987 order which purported to release the $30,000.00 bond to the <br />Defendants, Blue Ribbon Coal Company and Grand Mesa Properties. <br />
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