Laserfiche WebLink
IN <br />1. That C.R.S. S 34- 33- 123(12) is not applicable against <br />the defendants as they were not subject to the May 1991 Board <br />Order and were not agents of Resources after Resources filed <br />bankruptcy; <br />2. That the Schedule was a nullity when implemented due to <br />Resources' bankruptcy; <br />3. That the Board failed to follow proper procedures after <br />revoking Resources' mining permit; <br />4. That the issues in this action are subject to <br />administrative proceedings, and are more properly decided there; <br />5. That the plaintiff failed to join a necessary and <br />indispensable party, Resources; <br />6. That the Division requests relief that cannot be <br />performed; <br />7. That in light of the Division's taking over control of <br />the reclamation, the Division's request for an injunction is moot; <br />8. That the plaintiff's request for a money judgment does <br />not state a present injury, and therefore, this action is not ripe <br />for adjudication; <br />9. That there was no violation of the May 1991 Board Order <br />because the order became moot by the passage of time and changed <br />circumstances; and <br />10. That there was no violation because no valid Board order <br />existed. <br />-8_ <br />0T ' d 99E## WUOT :0T S66T 'VT &113 92E0TPE £OE 1 :01 <br />TUJIT }eu :WONA <br />