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GENERAL48229
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Last modified
8/24/2016 8:24:11 PM
Creation date
11/23/2007 4:11:36 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977436
IBM Index Class Name
General Documents
Doc Name
BREIF OF THIRD PARTY DEPENDANTS IN SUPPORT OF MOTION TO STRIKE THRID PARTY COMPLAINT
Media Type
D
Archive
No
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<br />separate and distinct claims they should be asserted in separate <br />actions, not through third-party practice. <br />The third-party complaint was filed on or about September <br />29, 1980, or more than two and one-half months after the filing <br />of the original answer by the defendant Board of County Com- <br />missioners and without obtaining leave of court to do so as re- <br />quired by Colo. R.C.P. 14(a). In its brief in opposition to the <br />motion to strike the third party complaint the Board of Com- <br />missioners for the first time asks leave of court to file the <br />third-party complaint. Such leave should not be granted because <br />the cause of action stated in the third-party complaint is en- <br />tirely separate and distinct from the cause of action alleged <br />in plaintiff's complaint. <br />The logic of the requirement that a third-party complaint <br />be filed within ten days of the original answer is that a defen- <br />dant-third-party plaintiff ought not be allowed to extend its <br />time to initiate a third-party action by simply filing an amended <br />answer, as was done in this case. <br />II. <br />'' The third-party complaint must be dismissed because it has <br />not been filed within the time period specified in C.R.S. 1973, <br />24-4-106 (Supp. 1979). The third-party complaint seeks judicial <br />review of orders of the Mined Land Reclamation Board issued in <br />1974, and updated in 1978 and revised in minor part on January <br />23 or 24, 1980. The third-party complaint attempts an attack <br />upon final agency action, judicial review of which is limited <br />to the method provided in the Colorado Administrative Procedure <br />Act, C.R.S. 1973, 24-4-106(4) (Supp. 1979) which provides in <br />pertinent part: <br />"Any party adversely affected or aggrieved by <br />any agency action may commence an action for <br />judicial review in the district court within <br />thirty days after such agency action becomes <br />effective." (Emphasis added) <br />_S_ <br />
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