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-- - Conclusions af. L$w <br />1 The operator of an underground.coal mine is liable for damages <br />:': .` Yk. . <br />r . <br />caused to ~prvpcctyby operation of theirmintng opcrattons~` Surface ~ r "'~ <br />_ __: , owners are.entitled to recover damages caused•to their,dwelhngs:by .~~m- <br />,-: <br />: underground coal mining subsidcucc. Hcrc, ground subsidence by the , <br />_ <br />, .. <br />.. <br />underground coal mining operation of Defendant caused structural <br />~ r <br />~- <br /> ,,:movement and material damage to 1'laintifl's' d.welluig:. <br />2. Tlie Measure of damages in a case of coal mine subsidence in '~` ``` ` <br /> Colorado is the "full amount of the diminution of value" as specified "'~~ <br /> by the Colorado Surface Coal Mining Reclamation Act, and <br /> regulations adopted pursuant to this Act- See C.R.S. 34-33-10~, 121, <br /> 133.5, 135(6), and 2 Colo. Code of Regs., 4.20.3{2)(b){ii). The "full = <br /> amount of the diminution of value" is not defined in the statute or. <br /> <br />regulation, nor does the statute or regulation articulate an intent to .. - .. . <br />....::.._. <br />- -- - - - - - . -adopt the common law definition. Here, the Court has applied the -, . - - == ;~- <br /> definition advanced by Plaintiffs that this is a special regulatory ?~ = <br />~ <br /> measure of damages, and that Plaintiffs must be compensated for the ` <br /> full amount of their damage measured by the value of the property -..... - _...: _. . <br /> with subsidence and the value of the property Without subsidence, -= <br /> calculated as of the date of judgment. <br />3.. It is a fundamental law of equity that a party may not receive `....-... <br /> duplicate compensation for injuries or damages caused by another. <br /> Here, credit to Defendant of $48,000.00 previously paid must be <br />: - <br /> applied to the final Judgment. _ <br />_ <br />~ - _ <br />4. In any civil action for damages, the plaintiff has the burden o proving - - <br /> their claim by a preponderance o£the evidence. To prove soiriething-i: <br /> by a preponderance of the evidence means to prove that it is more <br /> probably true thaw not. <br />5. Colorado law makes no distinction between the effect of direct <br /> evidence and circumstantial evidence. <br />6. Any person who is injured in person or property through the violation <br /> by an operator of any rule or regulation promulgated may bring an <br /> action far damages (including reasonable attorney and expert witness <br /> fees) against such operator only in the county Where the violation <br /> occurred. Here, Defendant having failed to compensate Plaintiffs for <br /> their damages, Plaintiffs arc entitled to an award of attorney fees. <br /> C.R.S. 34-33-135(6). <br />0L 39tid Wfllt7l WIP 69Z09b86LL 00~5L L00Z/6d/£0 <br />