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Objector's Motion to Dismiss Permit Application <br />Permit Application No. M-2005-080 <br />Page 3 of 4 <br />4. Ownership ofthe mineral rights is not within the Board's jurisdiction. Neighbors and Cargill <br />filed their quiet title action in the District Court of Park County, Colorado, which does have <br />jurisdiction to completely adjudicate the rights of all parties to the mineral interests involved. <br />C.R.C.P. 105(a); C.R.C.P. 98. <br />5. The ownership in the sand and gravel must be determined by the District Court before the <br />Board can rule on this permit application. Ownership of the mineral rights will be properly decided <br />in District Court. The Board cannot determine whether Applicant has the legal right to enter and <br />initiate mining on the affected land until a final judgment has been entered by the District Court in <br />the quiet title action, Case No. 06-CV-214. Therefore, the Board should dismiss the application at <br />this time pending completion of the quiet title action. <br />WHEREFORE, Objectors respectfully request that the permit application, File No. M-2005- <br />080 be dismissed. <br />Respectfully submitted this 1~` day of September, 2006. <br />arve .Curtis, Esq., #8246 <br />Sh a S. Stack, Esq., #32768 <br />Harvey W. Curtis & Associates <br />8310 South Valley Highway, Suite 230 <br />Englewood, CO 80112 <br />COUNSEL FOR OBJECTORS, ROBERT <br />WHITE, KENT ROLF, FRED WISELY AND <br />CURT SAYER <br />