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Appellant Black Hawk -Central City Sanitation District (the "Sanitation <br />District"), through its attorneys, Seter & Vander Wall, P.C., submits this Reply <br />Brief. <br />I. ARGUMENT <br />Despite the Applicant's and the MLRB's arguments, the MLRB's action in <br />approving the Application was arbitrary and capricious, constitutes a denial of the <br />Sanitation District's statutory right, is in excess of the MLRB's statutory <br />jurisdiction, authority, purposes and limitations and is contrary to law in several <br />respects. <br />A. STANDARD OF REVIEW <br />Section 24-4-106(7), C.R.S. provides the standard of review of an agency <br />action: <br />If [the court] finds that the agency action is arbitrary or <br />capricious, a denial of statutory right, contrary to <br />constitutional right, power, privilege, or immunity, in <br />excess of statutoryjurisdiction, authority, purposes, or <br />limitations, not in accord with the procedures or <br />procedural limitations of this article or as otherwise <br />required by law, an abuse or clearly unwarranted exercise <br />of discretion, based upon findings of fact that are clearly <br />erroneous on the whole record, unsupported by <br />substantial evidence when the record is considered as a <br />whole, or otherwise contrary to law, then the court shall <br />hold unlawful and set aside the agency action and shall <br />restrain the enforcement of the order or rule under <br />review, compel any agency action to be taken which has <br />been unlawfully withheld or unduly delayed, remand the <br />