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(/3 ti/ The Board denied the City its statutory rights to notice and an opportunity to be he by advising the City that the hearingg would be held on November 17, 1983 and then rescheduling consideration of Robco'scN~w.iApplication to an earlier date without notice to the City. ~' 32. The Board, in changing the date for consideration of th New pplication 2 without notice to the City, abused its discretion and exceeded its jurisdic on. 33. Plaintiff has no plain, speedy, or adequate remedy for enforcing its statutory rights to notice and an opportunity to be heard by the Board regarding the New Applica- tion except judicial review under C.R.C.P. 106(x)(4). WHEREFORE, Plaintiff asks this Court for the following relief: That this Court direct the Defendants, and each of them, to show cause, if any th have, within twenty (20) days after service of a Court Order upon them, why the final action of the Colorado Mined Land Reclamation Board granting Defendant Robco's Application for a mining permit should not be reversed. 2. That this Court direct the Defendant Colorado Mined Land Reclamation Boar or Defendant Colorado Department of Natural Resources, Mined Land Reclamation Division, whoever has custody of the records of the proceedings relating to this Complaint, to certify to the Court at a specified time and place to be determined by the Court a transcript of the record and proceedings relating to its decision. That the Order of the Defendant Colorado Mined Land Reclamation Board gra ing efendant Robco a mining permit be stayed pending a final judgment in this action. / 4. That this court grant Plaintiff such other and further relief as the Court deems just and proper. SECOND CLAIM FOR RELIEF 34. Plaintiff incorporates paragraphs 1 through 33 as if the same were incorpo- rated herein. 35. A c__ontrr~. ver`s_y has ariser legal rights and under the Colorado Administrative Procedure (hereafter "APA"). Plaintiff Conter notice and an opportunity to be hear ~ o the Board. ~r between Plaintiff and Defendants relative to their ~ / MLRA ~ 34-32-101, et seq., as amended, and the /// Act, 1973 C.R.S. $ 24-4-101, et sec, as amended ds that it has a~statutory and constitutional right to d regarding t/he `New~pplication submitted by Robco ~~ ~y` u 36. Plaintiff seeks a Declaratory Judgment pursuant to Rule 57 C.R.C.P. declar- ~'ing th Defendants are obligated to give notice and an opportunity to be heard to the ~~`~ ~ Plaintiff as provided in the MLRA and the Colorado APA. 4VHEAEFORE, Plaintiff asks for the following relief: -5-