Laserfiche WebLink
~ -. <br />FIFTH DEFENSE <br />No legal basis, statutory or otherwise, exists for the <br />annulment or revocation of Permit No. 77-141. <br />SIXTH DEFENSE <br />Any pre-existing use of the subject property as a hay <br />meadow was dependent upon water rights of the Landowner. <br />Consequently, any subsequent reclamation of the subject <br />property for use as a hay meadow would necessarily rely upon <br />the same landowner's water rights. <br />SEVENTH DEFENSE <br />Andesite is not in default on its performance warranty <br />and no basis exists pursuant to Section 38-32-118 for <br />forfeiture of its financial warranty. <br />EIGHTH DEFENSE <br />Andesite Rock Company has not violated any order, <br />permit, notice of intent, or regulation issued under the <br />authority of Article 32 of Title 34 of the 1973 Colorado <br />Revised Statutes which would give rise to the issuance of a <br />cease and desist order. <br />NINTH DEFENSE <br />The issues raised by the Complaint of Hallyn F. Hall <br />are moot inasmuch as Andesite Rock Company filed a new <br />Application for Mined Land Reclamation Permit on or about <br />August 30, 1983, prior to even being served with the Complaint <br />herein. <br />WHEREFORE, Andesite Rock Company prays that no action <br />be taken with respect to the Complaint filed against it by <br />Hallyn F. Hall. <br />Respectfully submitted, <br />BRADLEY, CAMPBELL & CARNEY <br />Professional Corporation <br />BY lJ <br />Victor F. o g, #256 <br />1717 Washington Ave e <br />Golden, CO 80401 <br />(303) 278-3300 <br />Operator's Address: <br />313 South Phillips <br />Sioux Falls, SD 57102 <br />