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<br /> <br /> <br />pleadings, motions and briefs, the Motion for Summary Judgment <br />must be granted. <br />ARGUMENT <br />I. <br />EVIDENCE OF THE COST OF RECLAMATION IS <br />IRRELEVANT IN THIS ACTION TO RECOVER A FOR- <br />FEITED PERFORMANCE BOND. <br />In responding to the Motion for Summary Judgment, GEC <br />asserts that there is a genuine controversy over the actual cost <br />of reclamation. However, the motion seeks summary judgment hold- <br />ing GEC liable for the amount of the bond, not the cost of recla- <br />mation. The Board is requesting this Court to enter a summary <br />judgment on its Second, Third, or in the alternative, Fifth Cause <br />of Action. These causes of action are premised solely on the <br />amount of the bond. Only the Board's Fourth Cause of Action <br />seeks a judgment based on the reclamation costs; the Board is not <br />seeking a summary judgment of such costs. <br />In seeking summary judgment, the Board is not unfairly <br />depriving GEC of an opportunity to dispute reclamation costs. <br />The amount of the bond was set by the Board at an administrative <br />hearing replete with procedural protections and an opportunity <br />for judicial review. GEC did not dispute that determination. <br />The present action is essentially a collection action to enforce <br />the bond set by the Board. GEC cannot now complain that the bond <br />-2- <br />