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r <br />II I I II I II I II IIII III ~ ~ .. ~ ~~, ;' F., P~.J <br />999 - <br />~ Ip~ <br />~. '.I I; n~i cif lI ..~ I~n~l <br />IN THE DISTRICT COURT IN AND FOR ~" ' - - ' ''' ~` "'""r'_~; <br />THE COUNTY OF ADAMS AND STATE OF COLORADO <br />Civil Action No. 8QCV1437 <br />READY MIX CONCRETE COMPANY, <br />a Colorado corporation, <br />Plaintiff, <br />v. <br />BOARD OF COUNTY COMMISSIONERS <br />OF THE COUNTY OF ADAMS, STATE <br />OF COLORADO, et al, <br />MOTION FOR JOINDER OF <br />INDISPENSABLE PARTY <br />Defendants. <br />COME NOW the Defendants by counsel, and pursuant to Rule <br />19 of the Colorado Rules of Civil Procedure, respectfully seek <br />an Order of the Court directing Plaintiff to join as Defendant <br />the State of Colorado, by and through the Division of Mined <br />Land Reclamation, and for their reasons state the followings <br />1. In the absence of this Court's jurisdiction over the <br />State of Colorado, by and through the Division of Mined Land <br />Reclamation, complete relief can not be accorded among the <br />existing parties to this lawsuit, because said Division of <br />Mind Land Reclamation had, in reliance upon what it erroneously <br />thought to be County approval, issued a state permit for the <br />mining accessory operations on Parcel 6, which are the subjects <br />of dispute herein. <br />2. If the Defendants are successful in the instant <br />litigation, Defendants will seek an Order of this Court causing <br />the Division of Mined Land Reclamation to revoke the above- <br />described permit, and therefore, the State of Colorado by an3 <br />through the Division of Mined Land Reclamation should be a <br />party hereto in order to adequately represent any interest it <br />may have with respect to such a proposed Order. <br />