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69. Cotter is further entitled to a declaration that, once the Board scheduled a hearing <br />on Cotter's Petition for Reconsideration, the Board's notice of a hearing was inadequate and that, <br />by then cancelling the hearing, the Board deprived Cotter of its due process rights to a full and <br />fair hearing. <br />70. Cotter is thereby entitled to a declaration that the Board's August 11, 2010 and <br />September 15, 2010 decisions are null and void and of no effect, and that Cotter is entitled to a <br />new hearing before the Board on the matters raised in May 21, 2010 Notice of Violation No. <br />MV-2010-018 or, in the alternative, a hearing on its Petition for Reconsideration in the same <br />matter. <br />71. The Division may claim to have an interest which would be affected by the <br />declaration sought herein and, therefore, has been made a defendant with respect to this claim. <br />FOURTH CLAIM FOR RELIEF <br />(Injunctive Relief Pursuant to C.R.C.P. 65) <br />(Against all Defendants) <br />71. Cotter incorporates by reference all preceding paragraphs of this Complaint. <br />72. Cotter has received notice from the Division that it intends to open another <br />enforcement proceeding, with a hearing scheduled before the Board in November 2010, over <br />Cotter's refusal to begin implementation of all corrective actions directed in the Final Order. <br />73. Given the likely length of the instant proceedings, this Court will not have an <br />opportunity to rule on the impropriety of the Board's actions before the Division advances its <br />next enforcement proceeding to the Board. Cotter will thus be confronted with continuously <br />escalating rounds of civil penalties and other punitive action by the Board while awaiting the <br />completion of the judicial review process, rendering the benefits of the judicial review process <br />illusory. <br />74. Cotter accordingly seeks to enjoin the Division from pursuing further actions <br />against Cotter based on the facts alleged in the May 21, 2010 Notice of Violation No. MV-2010- <br />018, the findings of fact contained in the Final Order, issued August 11, 2010, or the orders for <br />corrective action contained in the Final Order, and the September 16, 2010 Notice of Reason to <br />Believe a Violation Exists at the Schwartzwalder Mine. Cotter further seeks to enjoin the Board <br />from hearing argument by the Division at any future meetings concerning any alleged failure of <br />Cotter to comply with the Final Order. <br />75. If the Board and Division are not so enjoined, Cotter will suffer irreparable injury <br />that cannot be remedied by money damages. <br />WHEREFORE, Plaintiff Cotter Corporation (N.S.L.) respectfully prays for this Court's <br />judgment: <br />13