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<br /> <br />-2- <br />A. First Claim for Relief -The City of Lakewood alleges the Board knew <br />the city had reserved its right to comment on the permit application <br />but by rescheduling the Board's consideration of the application from <br />November 17, 1983 to October 26-27, 1983 without notifying the City, <br />the City was unable to comment on the application. <br />The City of Lakewood is requesting relief in the form of the permit <br />issued to Robinson Brick be stayed until this summons is resolved and <br />a response by the Board within twenty days as to why the approval of <br />the permit application should not be reversed. Also, the City of <br />Lakewood has requested the court to direct the Board (i.e., the <br />Division) to provide a transcript of the record and proceedings <br />relating to the Board's approval decision. <br />B. Second Claim for Relief - The City of Lakewood alleges there is <br />controversy between the City and the defendants pertaining to the <br />City's statutory right to comment on the permit application. <br />The City of Lakewood is requesting relief in the form of a court <br />decision as to the rights, etcetera of the plaintiff and the <br />defendants. <br />C. Third Claim for Relief -The City of Lakewood alleges the Board's <br />approva o t e permit application without notice to the City was <br />arbitrary and capricious causing irreparable harm to the City, since <br />the city did not have an opportunity to comment on the reclamation <br />plan <br />The City of Lakewood is requesting relief in the form of staying <br />Robinson Brick's ability to mine the site until the court has <br />reviewed the Board's action. Also, the City is requesting a court <br />order forcing the Board to reconsider the permit application pursuant <br />to all of the requirements of the law (C.R.S., 1973, <br />34-32-101, et seq.); i.e.: Robinson Brick would have to do all the <br />required public notice procedures and allow for comment by the City <br />of Lakewood. <br />The Division, on behalf of the Board and the Department of Natural <br />Resources, should respond to this summons by January 18, 1984. This <br />response should incorporate some, if not all, of the following items. <br />