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4, . - <br />Richard D. Lamm <br />Governor <br />III IIIIIIIIIIIII III <br />999 <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getches, Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Director <br />DATE: December 21, 1983 <br />T0: David C. Shelton <br />FROM: Peter V. O'Connor <br />SUBJECT: Summons Filed by the City of Lakewood Against the Board, the <br />Division, and Robinson Brick Company Pertaining to Permit <br />No. 81-148 <br />On December 20, 1983, the Division received the above summons. Pursuant <br />to the summons notice: <br />"You (the Department) are summoned and required to file with the <br />clerk of this court (Court Room #19--District Court for City and <br />County of Denver) an answer or other response to the attached <br />complaint within twenty (20) days after this summons is served on you <br />in the State of Colorado,...." <br />If the Division and/or Board replies to this summons, the response must <br />be made on or before January 18, 1984. <br />The gist of this summons is that the City of Lakewood believes the <br />Division incorrectly interpreted the law (C.R.S. 1973, 34-32-101 et seq.) <br />in that the submittal of the revised permit application on August 26, <br />1983 (after a two-year continuance) constitutes a brand new permit <br />application; therefore, Robinson Brick needed to publish in a newspaper <br />and notify adjacent landowners. As you will recall, the Division <br />initially interpreted the revised permit application as being a "new" <br />application requiring public notice. However, after a meeting with <br />Robinson Brick it was determined the revised permit application was very <br />similar to the original permit application submittal of 1981, less a <br />number of acres. Therefore, the public notice procedures followed in <br />1981 when the original submittal occurred were sufficient, with the <br />exception that any new landowners or any previously protesting landowners <br />would be notified. The "revised" public notice procedure was followed <br />with the exception that the City of Lakewood was not notified since they <br />were sent the standard Division notice form; and, more importantly, the <br />Division had received notice from the law firm of Gorsuch, Kirgis, <br />Campbell, Walker & Glover, in its capacity as City Attorney, stating that <br />the Robinson Brick site was in compliance with applicable zoning. <br />The summons lists six different claims for relief, the following three <br />claims of relief specifically against the Board and the Division. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />