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53. Empire refuses to recognize that the Company does not have a legal <br />right to enter onto the Barkers' lands for any purpose, including without <br />limitation, to perform reclamation work. <br />54. Empire refuses to cease and desist from trespassing onto the <br />Barkers' lands. <br />55. The immediate and future harm that the Barkers are suffering, and <br />will suffer in the future, as a result of Empire's continual trespassing far exceeds <br />any harm that might result to Empire if the Company is ordered not to trespass. <br />56. The Barkers will likely succeed on the merits of this action, and <br />they are entitled to immediate, temporary and permanent injunctive relief that <br />requires Empire to cease and desist from going onto the Barkers' lands for any <br />purpose without the Barkers' prior permission. <br />57. The Barkers are entitled to appropriate mandatory, preliminary and <br />permanent injunctive relief against Empire precluding the Company from going <br />onto the Barkers' lands for any purpose without the Barkers' prior permission. <br />TAIRD COUNTERCLAIM <br />(DECLARATORY JUDGMENT OF THE BARKERS' (AND THEIR LESSEES') RIGHT TO USE <br />HISTORIC ACCESS ROUTEIMOFFAT COUNTY ROAD THAT THE COUNTY AAS ALLOWED <br />EMPIRE TO USE AS A HAUL ROAD AS A MEANS TO ACCESS THE BARKERS° LANDS) <br />58. The Barkers incorporate by reference the allegations made in <br />Paragraph 36-57 hereof. <br />59. Except for a short period of time in July-August of 2004, since at <br />least July of 2003, Empire has denied the Barkers and their lessees the right to <br />use the historic access route to the Barkers' lands, which includes passage over a <br />Moffat County road that Moffat County has allowed Empire to use as a haul road <br />8 <br />