Laserfiche WebLink
Appellant the City of Black Hawk (the "City"), by its attorneys, Hayes, <br />Phillips, Hoffmann and Carberry, P.C., hereby submits the following Combined <br />Reply Brief to address portions of the Answer Briefs filed by Appellees the State <br />of Colorado Mined Land Reclamation Board ("MLRB") and Clear Creek District <br />Water Providers, L.L.C. (the "Applicant"): <br />I. Introduction <br />The MLRB and the Applicant seek to hide behind and over emphasize this <br />Court's duty to defer to the MLRB's interpretation of its enabling statutes and rules <br />because it cannot otherwise justify its erroneous approval of a Section 112 <br />reclamation permit in MLRB file M-2004-067 (the "Permit") to Appellee Clear <br />Creek District Water Providers, L.L.C. (the "Applicant"). A closer look at the <br />Construction Material Rules (the "Rules") and the Appellees' interpretation of <br />them relating to the local permitting process reveals their proffered interpretation <br />to be flawed and unsupported, just as the MLRB's approval of the Pennit itself. <br />~ As with the City's Opening Brief, the City hereby adopts and incorporates by reference, as is pemritted by C.A.R. <br />28(i), the arguments set forth in the reply briefs submitted by Black Hawk-Central City Sanitation District, Silver <br />Dollar Metropolitan District, and Dr. Estella Leopold, which group, together with the Ci[y, shall again be referred to <br />hereinafter as the "Objectors." <br />1 <br />