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GENERAL53971
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Last modified
8/24/2016 8:39:21 PM
Creation date
11/23/2007 9:07:33 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004078
IBM Index Class Name
General Documents
Doc Date
7/10/2006
Doc Name
Andrew Chavers-Ditch Rights
From
James K. Kreutz & Associates
To
DMG
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
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FIRST CLAIM FOR RELIEF <br />(INJUNCTION) <br />7. Chavers inwrporates paragraphs 1 through 6 in its First Claim for Relief. <br />8. Immediate and irreparable injury will occur for which there in no adequate remedy <br />of law should injunctive relief not be granted. <br />9. The injuries to Chavers, to Chavers horse operation and Chavers land, the extent <br />of which can not be determined and thus unless TKO is enjoined from such wrongful discharge of <br />water from their property onto Chavers property, Chavers will be itrepazably injured. <br />10. Such trespass constitutes a nuisance, inconvenience, and a'disruptibn to'the horse <br />operation and further constitutes a physical trespass for which there is no adequate remedy at law. <br />CDOT has caused over twenty (20) dump truck loads of silt to be dug from the culvert area <br />demonstrating the potential future damage to Chavers land should such injunctive relief not be <br />granted. <br />11. It is further submitted there is a strong likelihood Chavers will prevail on the <br />Complaint, that the balance of equities favor such injunction, that the granting of such injunction <br />will not be contrary to public policy, and that the granting of such injunction shall maintain the <br />status quo pending a trial on the merits. <br />SECOND CLAIM FOR RELIEF <br />(DECLATORY JUDGEMENT) <br />12. Chavers incorporates paragraphs 1 through 11 in its First Claim for Relief and in <br />this Second Claim for Relief. <br />13. Pursuant to C.R.C.P. 57 and §13-51-101 et. seq. Chavers moves for <br />Declaratory Judgement determining that TKO has no ditch rights, or any other rights so as to <br />allow discharge of water from TKO's land onto, over or through the Chavers land. <br />14. The alleged ditch rights of TKO are virtually nonexistent, such seepage rights <br />having been abandoned, such rights having been previously granted to the owner of the property <br />for a seepage ditch, which is contrary to the purposed of TKO in wanting to develop a water flow <br />to accommodate their commercial gravel operation from their property through CDOT's property <br />across Chavers property all contrary to the prior seepage rights asserted by TKO. <br />5 <br />
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