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60. Plaintiffs incorporate by this reference their replies to the averments of <br /> ,paragraphs 132 and 133 for their response to paragraph 146. deny that Rule 11 or C.R.S. <br /> 13-17-102 is applicable to any claim asserted in the Complaint, deny that any of <br /> Plaintiffs' claims are frivolous. vexatious. _-roundless or otherwise within the purview of <br /> either Rule I 1 or C.R.S. § 13-17-102. ana other«ise deny the averments of paragraph <br /> 146. <br /> FIRST AFFIRMATIVE DEFENSE <br /> (Failure to State a Claim) <br /> 61. The Counterclaims fail to state anv claim for which relief may be granted. <br /> SECOND AFFIRMATIVE DEFENSE <br /> (Waiver,Res Judicata, Collateral Estoppel, Estoppel) <br /> 62. Plaintiffs incorporate by this reference the averments of their Complaint <br /> and paragraphs 1-60 of this Reply. <br /> 63. In the bankruptcy proceeding. Plaintiffs submitted a Proof of Claim, as a <br /> secured creditor, in an amount of 5363.1 S LOS. which represented the total of taxes due <br /> and outstanding as of March 30, 1992. A copy of the Proof of Claim together with the <br /> supporting documentation is attached to this Reply as Exhibit N and incorporated by this <br /> reference. (Exhibits A through M are attached to Plaintiffs' Complaint.) The supporting <br /> documentation indicates that all of Mid-Continent's outstanding taxes for 1990 went to <br /> tax sale. and the monthlv interest calculation shows that the 1990 taxes were accruing <br /> interest at the rate of fifteen percent ( 15�,c) per annum, as authorized by state statute. <br /> 64. Defendants made no objection to Pitkin County's Proof of Claim. <br /> 65. Under state law and as provided in the Plan. Plaintiffs' past due taxes <br /> continue to accrue interest. and further taxes «ere assessed each year against the property <br /> owned by Mid-Continent. <br /> 66. At no time prior to the initiation of this litigation did Defendants object to <br /> the taxes assessed under Schedules P004062 or R007863 (or their predecessor schedules), <br /> nor. prior to February 5. 1997, did Defendants exercise any of their state law remedies for <br /> protest or abatement of any of these taxes. <br /> 67. The Mandatory Disclosure Statement submitted by MCR in the <br /> bankruptcy proceedings, filed on February S. 1994 (a copy of which is attached as <br /> Plaintiffs' Exhibit O. and incorporated by this reference), includes, in Section IIIA 1 (p. <br /> IS). as Class 1 claims all the allowed claims of Pitkin County, representing approximately <br /> fifty-three percent (53%) of the total. Based upon representations contained in that <br /> Disclosure, the total outstanding taxes owed as of December 31, 1993 was estimated at <br /> S <br />