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f~ <br />DUNCAN, OSTRANDER & DINGESS, P.C. <br />Attorneys and Counselors at Law <br />Robert R. Duncan <br />Donald M. Ostrander <br />John M. Dingess <br />Austin Hamre <br />Lynn B. Obernyer - zoo3 <br />Elizabeth D. Robertson <br />Tom Schreiner <br />Reclamation Hydrologist <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />4600 S. Ulster Street, Suite 1111 <br />Denver, Colorado 80237-2875 <br />Telephone: (303)779-0200 <br />Telefax: (303}779-3662 <br />dodpc@dodpc.com <br />August 30, 2004 <br />Special Counsel <br />James Birch <br />T. Daniel Platt <br />Pau] C. Rufien <br />Robert E. Schween, P.C. <br />Teri L. Petitt <br />Re: Response to Buckland's Objection RE: Legal Right to Enter Empire Pit <br />DMG Permit No. M-1477-534 ~~~o¢: l~ `o~+ T A S~ z ~/~/-a <br />Dear Mr. Schreiner: <br />The property in question was under a long term lease from the Buckland's predecessor to <br />the City of Golden. The City of Golden filed a condemnation case on a portion of the property <br />subject to that lease. The Petition in Condemnation was subsequently amended to add a portion <br />of property that was not under lease. The Court granted possession of all portions of property <br />requested by Golden. <br />The Buckland's have filed an inverse condemnation alleging that the City of Golden, by <br />virtue of its condemnation of a portion of the property subject to the lease, effectively terminated <br />the lease as to the remainder. The requested relief is that the City pay for the property that was <br />formerly under lease and occupied by the materials mined out from the site subject to the <br />condemnation. The Respondents have not requested a trespass or ejectment action removing <br />Golden from the area being occupied. <br />The status of the inverse case is that the court has yet to consider the claim and issue a <br />ruling. However, there aze only two possible outcomes. They are as follows: <br />The condemnation of a portion of the properly subject to the lease does not <br />terminate the ]ease as to the remainder in which case the Buckland's claim fails; <br />or <br />The Buckland's claim is successful and Golden has to pay for the property <br />occupied by the mined out material until such time as the materials are completely <br />removed. <br />