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ENTITLEMENT TO RELIEF <br />l 1. The MLRB erred as a matter of law by failing to recognize that Kinney's ORION <br />PIT application had been automatically approved in 1995 pursuant to C.R.S. §34-32- <br />115(3). <br />12. The actions of the MLRB in failing to acknowledge approval of and in denying <br />Kinney's Application were azbitrary or capricious, a denial of statutory right, <br />contrary to constitutional right, power, privilege, or immunity, in excess of statutory <br />jurisdiction, authority, purposes, or limitations, not in accord with the procedures or <br />procedural limitations of the State Administrative Procedure Act or as otherwise <br />required by law, an abuse or cleazly unwazranted exercise of discretion, based upon <br />findings of fact that aze cleazly erroneous on the whole record, unsupported by <br />substantial evidence when the record is considered as a whole or otherwise contrary <br />to law. <br />WHEREFORE, Plaintiff, Stephen H. Kinney, prays that this Court: <br />a. Reverse and set aside the Final Decision and Order of the MLRB; <br />b. Hold that the Order is unlawful; <br />c. Enter its mandate requiring and compelling the MLRB to approve Kinney's <br />Application and issue the permit applied for; <br />:~ <br />d. For such further relief as may be proper; and <br />e. For Kinney's costs incurred herein. <br />Dated this p~/ day of November, 1997. <br />BERENBAUM, WEINSHIENK & EASON, P.C. <br />Richard L. Eason, #984 <br />Dean G. Panos, ~ 11445 <br />370 Seventeen Street, Suite 2600 <br />Denver, CO 80202-5626 <br />(303) 825-0800 <br />Attorneys for Plaintiff, Stephen H. Kinney <br />3 <br /> <br />