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141 P.3d 863
<br />141 P.3d 863
<br />(Cite as: 141 P.3d 863)
<br />i
<br />41 Ok3440) Most Cited Cases';
<br />In determining the admissibility of impeachment
<br />evidence based on specific instances of a witness's
<br />prior conduct, the trial court must exercise its sound
<br />discretion to preclude inquiries that would have little
<br />bearing on the witness's credibility but would sub-
<br />stantially impugn his or her character. Rules of Evid.
<br />Rule 608(h).
<br />LIE Mines and Minerals X125
<br />260k 125 Most Cited Case;
<br />Mine operator that was found iliable under the Color-
<br />ado Surface Coal Mining Reclamation Act for dam-
<br />age to homeowners' residence caused by coal mine
<br />subsidence had no power under the Act to elect rem-
<br />edy of repairing homeowners' residence rather than
<br />paying homeowners for the diminution in fair market
<br />value. West's C.R.S.A. 34-33-12112)(a)tlI).
<br />1161 Statutes X188
<br />361 k188 Most Cited Cases
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<br />In construing a statute, courts; should not interpret it
<br />to mean that which it does not express.
<br />i
<br />[171 Constitutional Law C?-70.1(2)
<br />92k70.1(2) %1ost Cited Cases
<br />1171 Statutes X188
<br />i
<br />361 k188 Most Cited Case
<br />Courts may not interpolate into a statute words that it
<br />does not contain, or extract a"meaning which is not
<br />expressed by it.
<br />11.81 Costs X252
<br />102k252 Most Cited Cases
<br />Homeowners were entitled to an award of reasonable
<br />attorney fees incurred in defending coal mine operat-
<br />or's unsuccessful appeal of trial court's judgment for
<br />homeowners, where homeowners had been awarded
<br />attorney fees by trial court, in homeowners' action
<br />under Colorado Surface Coal Mining Reclamation
<br />Act to recover for damage to their home caused by
<br />coal mine subsidence. West's (.'.R.S.A. 1, 34-33-101
<br />et seq.
<br />*865 Burns, Figa & Will, Pi C., Alix L. Joseph,
<br />Rachel T. Rowley, Englewood, Colorado, for
<br />P laintiffs-Appel lees.
<br />*866 Davis, Graham & Stubbs,?LLP, William A. Bi-
<br />Page 3
<br />,>co, :Andrew M. Low, Denver, Colorado, for De-
<br />fendant-Appellant.
<br />KIRSHBAUM (FN*). Justice.
<br />FN* Sitting by assignment of the Chief
<br />Justice under provisions of C >lo. Court, art
<br />.
<br />VI ? 50), and _'d-51-1105, C.R.S.2005.
<br />Defendant, Basin Resources, Inc., appeals the trial
<br />court's judgment awarding plaintiffs, Jim and Ann
<br />Tatum (homeowners), $622,000 in damages plus
<br />costs and attorney fees. Homeowners request an
<br />award of reasonable attorney fees for this appeal. We
<br />affirm and remand with directions.
<br />In 1986 homeowners purchased approximately 153
<br />acres of real property in Las Animas County, Color-
<br />ado, known as "Solitario Ranch." The property in-
<br />cludes a two-story residence in which homeowners
<br />live; a bunkhouse; and various barns, corrals, and
<br />fences.
<br />In May 1988 Basin's predecessor, Wyoming Fuel
<br />Company, began extracting coal from the Golden
<br />Eagle Mine, which is located near homeowners' prop-
<br />erty and extends beneath portions of Solitario Ranch.
<br />One of the working areas, First North, extended to
<br />within 300 feet southwest of homeowners' residence.
<br />Another working area was located approximately
<br />1600 to 1700 feet northeast of the residence. Because
<br />of poor conditions in the mine, including a soft mine
<br />floor and large amounts of water entering the mine,
<br />in mid-1988 Wyoming Fuel Company ceased mining
<br />operations and allowed the mine to be flooded.
<br />In 1991 Wyoming Fuel Company was renamed Basin
<br />Resources, Inc.
<br />After the mine closed homeowners noticed damage to
<br />their residence. Subsequent investigations indicated
<br />the damages were attributable to subsidence in the
<br />Golden Eagle Mine's workings, and, in 1992,
<br />homeowners filed suit against Basin. They alleged
<br />various claims, including breach of contract, subsid-
<br />ence damage to their property, and damage caused by
<br />the construction of a ventilation shaft. Homeowners
<br />did not allege any future damages and did not request
<br />compensation for any possible prospective injury.
<br />i
<br />( 20,07 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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