1993-10-28_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 10/28/1993
• Doc Name: Case No. 93 CA 297 Plaintiff-Appellees Anser Brief
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

Repl. Vol).
The WQCD NoV was contested and set for evidentiary hearing. The WQCD
charges were the subject of a three -day hearing before a hearing officer, an employee
of CDH, and were conducted January 9, 10 and 11, 1990. The hearing officer entered
his Administrative Decision which was affirmed by a CDH Order Affirming Hearing
Officer's [Administrative] Decision.
Mid - Continent sought timely judicial review of the Order Affirming Hearing
Officer's [Administrative] Decision in District Court, Pitkin County, Colorado by Civil
Action No. 91 CV 177, the civil action from which this appeal is taken. The district
court voided the Administrative Decision on the ground that "the decision of MLRD
in the form of a Settlement Agreement entered on April 11, 1989, is res judicata and
bars the later WQCD proceeding." District Court Decision 6.
Mid - Continent Answer Brief
- 14 - Appeal No. 93 CA 297