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~~~ ~~~~~~~~~~~~~~~~ • ~~~~ 0~°~~ <br />DEC ;;0 198J <br />DISTRICT COURT, CITY AND COUNTY OF DENVER, STAT)~JI~Tr} IGOi!~Ri??.DOTIOf~ DIVISION <br />Celo. Dept. of t~!atural Resources <br />Case No. 83CU//2~7/ Division No. /9 <br />ORDER AND CITATION TO SHOW CAUSE (( ' <br />L1'.::_1 <br />CITY OF LAKEWOOD, a municipal corporation, - <br />Plaintiff, <br />v. <br />COLORADO MINED LAND RECLAMATION BOARD; COLORADO DEPARTMENT <br />OF NATURAL RESOURCES, MINED LAND RECLA,'~1ATION DIVISION, State <br />of Colorado; and ROBINSON BRICK COMPANY formerly known as <br />ROBINSON BRICK & TILE COMPANY, a Colorado corporation, <br />Defendants. <br />THIS MATTER coming on to be heard upon Plaintiff's <br />Verified Complaint this ~ day of December, 1983; and <br />WHEREAS, the Court having examined the Verified Complaint <br />filed by plaintiff; and <br />WHEREAS, it appears to the Court that the Defendant, <br />Mined Land Reclamation Board (hereinafter "Board") may have <br />abused its discretion, exceeded its jurisdiction, acted con- <br />trary to and in violation of the Constitution of the United <br />States, the Constitution of the State of Colorado, and the <br />laws of the State of Colorado; and <br />WHEREAS, the action of the Defendant Board may have <br />been arbitrary and capricious and may have constituted an <br />abuse of discretion; and <br />WHEREAS the action of the Defendant Board may have a- <br />mounted to a denial to the Plaintiff of due process of law <br />guaranteed by the Constitutuion of the United States and the <br />Constitution of the State of Colorado, to its irreparable <br />injury; and <br />~ WHEREAS it would appear to the Court based upon the <br />matters and things stated and contained in the Complaint <br />that "irreparable injury" and damage would result to the <br />