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66. The Barkers (and their lessees) have a legally protected interest in <br />being able to use the Moffat County road that the County has allowed Empire to <br />use as a haul road as a means to access to the Barkers' lands. <br />67. The Barkers (and their lessees) are entitled to a declaratory <br />judgment, declaring that the Barkers (and their lessees) may use the historic <br />access route/Moffat County road that the County has allowed Empire to use as a <br />haul road as a means to access the Barkers' lands. <br />FOURTH COUNTERCLAIM <br />(INJUNCTIVE RELIEF TO PREVENT EMPIRE FROM DENYING THE BARKERS (AND <br />THEIR LESSEES) THE RIGHT TO USE HISTORIC ACCESS ROUTEIMOFFAT <br />COUNTY ROAD THAT THE COUNTY HAS ALLOWED EMPIRE TO USE AS A HAUL <br />ROAD AS A MEANS TO ACCESS THE BARKERS' LANDS) <br />68. The Barkers incorporate by reference the allegations made in <br />Paragraph 36-67 hereof. <br />69. The Barkers (and their lessees) are entitled to the unfettered use of <br />the historic access route to the Barkers' ]ands without any interference from <br />Empire. <br />70. The Barkers (and their lessees) are entitled to the unfettered use of <br />the Moffat County road that the County has allowed Empire to use as a haul road <br />as a means to access the Barkers' lands without any interference from Empire. <br />71. Empire's refusal to recognize the Barkers' (and their lessees') right <br />to use the historic access route and/or the Moffat County road that the County <br />has allowed Empire to use as a haul road as a means to access the Barkers' ]ands <br />is causing, and will cause in the future, irreparable harm to the Barkers (and to <br />their lessees). <br />10 <br />