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COUNT IV <br />28. All introductory paragraphs are realleged and incorporated herein by this <br />reference. <br />29. Anthony Zellitti and Marilyn Zellitti are jointly indebted to the Plaintiff for the <br />management fees retained by them without the express consent of the Plaintiff. <br />COUNT V <br />30. All introductory paragraphs 1 thru 19 are realleged and incorporated herein <br />by this reference. <br />31. Effective April 30, 2008, Plaintiff terminated the permission of Hocker to <br />enter its property by giving notice of the termination and notice to quit. <br />32. Hocker has continued to enter and utilize the property of the Plaintiff for sand <br />and gravel operations and for access to and from other properties without right. <br />33. Since that time and to the present, Hocker has unlawfully detained Plaintiff's <br />property under CRS 13-40-101 and 104, and is trespassing on the Plaintiff's property <br />which has caused damages to the Plaintiff in the form of lost rental, lost royalties and <br />diminished value of the Plaintiffs property. <br />34. Defendant Hocker's action have been intentionally in violation of Plaintiffs <br />rights or in such willful, wanton and reckless disregard thereof as to warrant the <br />imposition of punitive damages. <br />COUNT VI <br />35. All introductory paragraphs 1 thru 19 are realleged and incorporated herein <br />by this reference. <br />36. Defendants, Anthony Zellitti, Marilyn Zellitti and Hocker Construction acted in <br />concert to apply to the Colorado Division of Reclamation and Mining Safety for a permit <br />for the Zellitti Pit and later to release a portion of property from the existing permitted <br />and gravel pit on the Plaintiffs property and to substitute property owned by an adjoining <br />property owner without giving notice or an opportunity to be heard to Zellitti Properties. <br />37. Anthony Zellitti, as part of the original application for the pit permit and later <br />application to change the pit permit, was required to give notice of the application to <br />Zellitti Properties, but the same was not given and the Defendants failed to otherwise <br />give the notice of actions affecting Zellitti Properties property.