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Conclusions of Law <br />1 The operator of an underground doal mine is liable:'for damages` <br />M <br />caused to Pru cil :by u'P eration of their mining o ? <br />. P y - pci•atroas. Surface <br />owners are entitled to recover damages caused to their dwelhngs b . <br />. Y . <br />underground coal mining subsidmice. Here, ground subsidence by the <br />underoTound coal minis operation of Defendant caused structural <br />movement and material damage to Plaintiffs' dwelling. <br />2. The measure of damages in a case of coal mine subsidence in <br />Colorado is the "full amount of the diminution of value" as specified <br />by the Colorado Surface Coal Mining Reclamation Act, and <br />regulations adopted pursuant to this Act. See C.KS. 34-33-10P , 121, <br />133.5, 135(6,), and 2 Colo. Code of Regs., 4.20.3(2)(b)(ii).. Th? "full <br />amount of the diminution of value' is not defined in the statute or <br />regulation, nor does the statute or regulation articulate an intent to - <br />-- - adopt the common law definition. Here, the Court has applied the -- <br />definition advanced by Plaintiffs that this is a special regulatory" <br />measure of damages, and that Plaintiffs must be compensated far the <br />full amount of their damage measured by the value of the property <br />with subsidence and the value of the property without subsidence, . <br />calculated as of the date of judgment. <br />3,. It is a fundamental law of equity that a - <br />PAY may not receive <br />duplicate compensation for injuries or damages caused by another. <br />Here, credit to Defendant of $48,000.00 previously paid. must be <br />applied to the final Judgment. ' -. <br />4. In any civil action, for damages, the plaintiff has the burden o proving - <br />their claim by a preponderance of the evidence. To prove something:'.. <br />by a preponderance of the evidence means to prove that it is more <br />probably true than not. <br />5. Colorado law makes no distinction between the effect of direct <br />evidence and circumstantial evidence. <br />6. Any person W66 is injured in person or property through the violation <br />by an operator of any rule or regulation promulgated may bring an <br />action for damages (including reasonable attorney and expert witness <br />fees) against ;such operator only in the county where the violation <br />occurred.. Here, Defendant having failed-to compensate Plaintiffs for <br />their dautageS, Plaintiffs arc crititled to an award of attorney fees. <br />C.R.S. 34-33-135(6). <br />a T 7CtHJ <br />WnIHI WT f, CP.TnahocTI nn - rT <br />) n"7 IC 7 len