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SEP-29-2004 12:17 FROM: BILL & JANE JANKE 1-970-728-6315 <br />- I <br />FILE COPY <br />T0: 19702475104 <br />"7 F! <br />IN THE UNITED STATES DISTRICT COURT <br />FOR THE DISTRICT OF COLORADO <br />Judge RobeR E. Blackburn <br />Civil Case No, 04-RB-1828 <br />PUBLIC SERVICE COMPANY OF COLORADO, <br />Plaintiff, <br />v <br />~~ 6y ~n <br />Aa <br />101 <br />9~ 3 <br />P.2 <br />~' <br />I~GL. <br />~ ~~ ~.. <br />~r~-h, ~ <br />THE BOARD OF COUNTY COMMISSIONERS OF SAN MIGUEL COUNTY, STATE <br />OF COLORADO; <br />SAN MIGUEL COUNTY COMMISSIONERS ELAINE FISCHER, ART GOODTIMES <br />AND VERNON EBERT, in their official capacities; <br />THE SAN MIGUEL COUNTY PLANNING DEPARTMENT, STATE OF COLORADO; <br />MICHAEL ROZYCKI, San Miguel County Planning Director, in his official capacity; and <br />PATHFINDER DEVELOPMENT, INC., <br />- Defendants. <br />TEMPORARY RESTRAINING ORDER <br />9lackburn, J. <br />On September 3, 2004, I heard the plaintiff's motion for temporary restraining <br /> <br />order (#2] filed September 2, 2004. At the conclusion of the hearing, I required the <br />parties to brief the issue of subject matterJurisdiction, which the parties have done. I <br />grant the motion. <br />In determining the issues of whether I have jurisdiction and whether a temporary <br />restraining order should issue, I have judicially noticed ail relevant adjudicative facts in <br />the file and record pro tanto; I have considered the evidence adduced at the hearing; <br />and I have considered the reasons stated, arguments advanced, and authorities cited <br />by the parkies in their papers and during their oral argument. <br />First, I conclude for the reasons stated, arguments advanced, and authorities <br />cited by the plaintiff in its brief that I have subject matter jurisdiction under 18 U.S.C. § <br />1331, <br />