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JOHN W.SUTHERS <br />Attorney General <br />CYNTHIA H. COFFMAN <br />Chief Deputy Attorney General <br />DANIEL D. DOMENICO <br />Solicitor General <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 7th Floor <br />Denver Colorado 80203 <br />Phone (303) 866 -4500 <br />June 15, 2011 <br />MEMORANDUM <br />TO: David Berry <br />Loretta Pineda <br />FROM: Jeff M. Fugate <br />Assistant Attorney General <br />Natural Resources & Environment Section <br />RE: Status of Litigation--- Morgan/Turner v. Western Fuels /DRMS /MLRB <br />I have been asked to provide a basic summary and current status of all litigation related to <br />the Western Fuels New Horizon 2 permit and Mike Morgan and JoEllen Turner, et al. As <br />explained below, as of the date of this memorandum the Division is involved in just one of the <br />three lawsuits filed by Morgan/Turner. <br />Frank Morgan v. Division of Reclamation, Mining and Safety <br />2010 CV 368. <br />On August 23, 2010 Frank Morgan ("Plaintiff') filed a civil complaint against the <br />Division alleging property damages in the amount of $5,130,635.00. JoEllen Turner is not a <br />named Plaintiff in this matter, but did represent herself on the pleading caption as "Attorney in <br />Fact" representing Frank Morgan. Plaintiff asserted that the Division allowed Western Fuels <br />Colorado to violate the Colorado Surface Coal Mining Act ( "Act ") resulting in damage to his <br />property, specifically damage to the prime farmland soils. Because money damages were <br />alleged against a state agency, on November 15, 2010 the Tort/Litigation Section of the Attorney <br />General's Office filed a Motion to Dismiss based on C.R.C.P. 12(b)(1), lack of subject matter <br />jurisdiction, and 12(b)(5), failure to state a claim upon which relief can be granted. <br />