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1 ~ '-~ ~ DISTRICT COURT, COUNTY OF MESA, STATE OF COLORADO _.._.,_ FILED DISTRICT COURT COUNTY, CO! ORADO civil Action No. 87CV680 p~ 8 1988 STIPULATION FOR DISMISSAL ci1.•~a - CICrk THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MESA, COLORADO, •. ~- Plaintiff, v. JOHN D. SCHMAHL, MARILYN SCHMAHL; and EVERIST, INC., Defendants. COME NoW the Board of County Commissioners of he County of Mesa, Colorado, John D. Schmahl and Marilyn M. Sc ahl, and Everist, Inc., through their respective attorneys, and stipulate as follows: 1. Everist, Inc., was named as a Defendant nd served with the Summons and Complaint in this action. Everis answered the Complaint and asserted affirmative defenses, but has stated no counterclaim or crossclaim herein. 2. Plaintiff's claim against Defendants Defendant Everist for forfeiture of profits by Di dismissed by this Court on August 7, 1987. 3. Defendant Everist was operating the Unawf which is the subject of this litigation pursuant to an dated November 11, 1986, between John D. Schmahl and 1 Schmahl and Everist, Inc. Defendant Everist, Inc., h its operations in the subject quarry and maintains nc relationship with Defendants Schmahl who own the quart possess the Mesa County Conditional use Permit which is subject of this litigation. Plaintiff presently makes c injunctive relief against Defendants Schmahl for inter of the conditional use permit and to require Defendant to comply with the terms of said permit. Plaintiff makes no claim against Defendant Everist and Defendan asserts no counterclaim against Plaintiff and no clai any other party to this action. hl and its was ap Quarry Agreement srilyn M. is ceased on-going and who also the Laims for ~retation Schmahl presently Everist i against