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In addition, the lawsuit filed by Zellitti Properties in La Plata County, State District <br />Court, Case No. 08 CV 124, against Anthony and Marilyn Zellitti and Hocker <br />Construction, L.L.P. has been fully resolved and settled, and will soon be <br />dismissed. <br />As a result of the foregoing, Zellitti Properties hereby formally withdraws any and <br />all opposition it has had to the requested 122c Permit Amendment by permitee <br />Anthony Zellitti and operator Hocker Construction, LLP, and waives its rights for <br />reconsideration and appeal of the approval of the permit amendment In the <br />Matter of Anthony Zellitti Permit Amendment Application, File No. M-1980-246. <br />Zellitti Properties, a Colorado Nominee <br />Partner,s4ip <br />By: <br />ma Zelliof, General Partner <br /> <br />C: Nick Palmer, Esq. (Legal counsel for Anthony and Marilyn Zellitti) <br />Michael Chapman, Esq. (Legal counsel for Hocker Construction, L.L.P.)