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Black Hawk -Central City Sanitation District (the "District"), through its attorneys, <br />Seter & Vander Wall, P,.C., for its Answer to the Complaint and Cross-Claim Pursuant to § 24-4- <br />106(4), C.R.S. states as,follows: <br />I. ANSWER TO COMPLAINT PURSUANT TO C.R.S. §24-4-106(4) OF CITY OF <br />BLACK HAWK <br />I. The District admits the allegations of paragraphs 1-10 contained in the <br />Preliminary Allegations of the Complaint. <br />2. The District admits the allegations ofpazagraphs IZ and 13 ofthe Complaint. <br />3. The District stipulates to the relief sought in the Complaint. <br />II. CRO5S-CLAIM APPEAL AGAINST DEFENDANT MLRB <br />PURSUANT C.R.S, §24-4-106(4) <br />~ A. PRELIMINARY ALLEGATIONS <br />1. The District incorporates the allegations of the Complaint contained in paragraphs <br />1, 2, 6, 7, 8 and 10 into this Cross-Claim. <br />2. The District is aquasi-municipal corporation and political subdivision of the State <br />of Colorado and derives its powers from Article 1 of Title 32, Colorado Revised Statutes, known <br />as the "Special District Act." <br />3. jurisdiction is proper in this case under § 24-4-106(2), C.R.S., which provides for <br />judicial review of a "final agency action," "whether or not a petition for reconsideration has been <br />filed, unless the filing of an application for reconsideration is required by the statutory provisions <br />governing the specific agency." Id. Jurisdiction over this Cross-Claim is also appropriate under <br />Rule 13(g), C.R. C.P. <br />4. Here, Construction Materials Rule (the "C.M.R.") 2.8.2 states that a written order <br />issued after a Board hearing is a "Final Board Order" that "shall be effective on the date mailed <br />or such later date as may be stated in the Final Board Order." Section 34-32.5-101, et. seq., the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials (the "Act") and the <br />Rules promulgated by the Division of Minerals and Geology do not require the filing of a <br />petition for reconsideration with the agency before seeking judicial review. <br />4. The District was a party and participant in the hearing held before the MLRB. <br />B. CLAIMS FOR RELIEF <br />5. The District incorporates the allegations set forth in paragraphs 1 through 4 above <br />as if fully set forth herein. The District further incorporates Exhibit A from the Complaint into <br />this Cross-Claim as the Order to the MLRB that is at issue. <br />