Laserfiche WebLink
33128. <br />2. Venue for this action is proper in Montrose County pursuant to C.R.S. § 34-33-128(1). <br />3. Plaintiffs Frank Morgan and Mary Lou Morgan are persons domiciled in Montrose County, <br />Colorado, and who own real property which comprises portions of the permit area within the New <br />Horizon 2 Mine. <br />4. Plaintiffs Michael Morgan and JoEllen Turner are persons domiciled in Montrose County, <br />Colorado, who live in the immediate vicinity to the New Horizon 2 Mine and who engage in farming <br />on portions of the Morgan property, within and adjacent to the New Horizon Mine permit boundary, <br />pursuant to leases and other agreements with the Morgans. <br />5. Plaintiffs Michael Morgan and JoEllen Turner hold a valid power of attorney and acted as <br />attorney in fact on behalf of Frank Morgan and Mary Lou Morgan, and on their own behalf, with <br />respect to various proceedings in issue in this action. <br />6. Defendant Western Fuels Colorado, LLC ("WFC") is the operator and permittee of the New <br />Horizon 2 Mine situated in Montrose County, Colorado. <br />7. Defendant DRMS is a division of the State of Colorado, Department of Natural Resources, <br />acting by and through the Mined Land Reclamation Board ("Board"). <br />8. This Court has subject matter jurisdiction over the legal claims in this action, and personal <br />jurisdiction over all of the parties. <br />9. Plaintiffs participated as parties in the administrative proceedings that are the subject of this <br />appeal, specifically Permit Revision Number 6 and other proceedings, and they have standing by <br />virtue of their ownership of property, leasehold interests, domicile adjacent to the permit area, and <br />the direct physical impact of mining operations by WFC within the Permit Revision No. 6 area of the <br />New Horizon 2 Mine. <br />II. LEGAL CLAIMS <br />REVIEW PURSUANT TO C.R.S. § 34-33-128 <br />10. The allegations in paragraphs one through nine are incorporated by reference. <br />11. On November 17, 2010 the Mined Land Reclamation Board held a contested hearing with <br />respect to the New Horizon Mine, Permit Revision No. 6. Plaintiffs appeared and attempted to <br />provide evidence and testimony at the November 17, 2010 Contested Hearing.