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Zellitti Properties will offer proof at that time. These briefs are merely legal argument on the <br />issue on which the board may hear proof at the hearing. The Colorado Supreme court has held <br />that the reservation of all mineral rights is inherently ambiguous on the issue of sand and gravel <br />rights. The Colorado Attorney General has admitted this and pointed out the same in his <br />original opinion. Without anything more the Attorney General admits the circumstances here <br />where there is an existing pit would imply or militate in favor of the conclusion that sand and <br />gravel was intended to be reserved as a right. Where as here there is already a presumption of <br />correctness of Zellitti Properties argument, the Board should certainly allow the issue and hear <br />additional proofs at the hearing. <br />Dated this 26th day of June, 2009 <br />Respectfully submitted, <br />Charles C. Powers, Esq. <br />Attorney for Zellitti Properties