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DISTRIC9T COU1R~T7, CITY AND COUNTY OF DENVER, STATE OF COLORADO <br />CASE NO ~ ~ V r O ~ ~ Div ~~ <br />COMPLAINT FOR JUDICIAL REVIEW PURSUANT TO C.R.S. SECTION 24-4-164. <br />STEPHEN H. KINNEY, <br /> <br />Plaintiff, <br />v. <br />c.~ <br />MINED LAND RECLAMATION BOARD, OFFICE OF MINED LAND RECLAMATION <br />AND DIVISION OF MINERALS AND GEOLOGY, STATE OF COLORADO, Nielsons, Inc., <br />Blake L. Mitchell, Melodie Mitchell, George Mike Young, Larry Swain, Mary Swain, Dean E. <br />Wolcott, Bill Baikie, Carrie Baikie, Douglas Doty, Deborah Doty, Raymond E. Keith, Mancos <br />Soil Conservation District, Halvor Hill, Joanne Hill, Jimmie Burton, Mary Burton, Thomas <br />Colbert and Virginia Colbert, <br />Defendants <br />COMES NOR Plaintiff Stephen H. Kinney ("Kinney"), by and through his undersigned <br />attorneys, Berenbattm, Weinshienk & Eason, P.C., for his Complaint against the Defendants <br />pursuant to the provisions of C.R.S. 24-4-106 states and alleges as follows: <br />FINAL. AGENCY ACTION FOR WHICH RiDIC.IAi. REVIEW IS SOUGHT <br />The final agency action for which judicial review is sought by this Complaint is the Final <br />Decision and Order approved and adopted by the Mined Land Reclamation Boazd ("Boazd") on <br />October 22, 1997, and issued by the Board on October 23, 1997, a copy of which is attached <br />hereto as Exhibit "A." <br />GENERAL ALLEGATIONS <br />Defendant, Mined Land Reclamation Boazd ("Boazd"), is an agency of the State of <br />Colorado established pursuant to the provisions of C.R.S. 34-32-105, chazged with <br />the administration of certain of the provisions of the Colorado Mined Land <br />Reclamation Act and the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials (the "Acts"). <br />