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y C ) <br /> District Court, County of Pitkin, State of Colorado <br /> Case No. 97 CV 13 1-1 <br /> MOTION FOR LEAVE TO FILE AND SERVE A SUPPLEMENTAL <br /> PLEADING AND TO JOIN ADDITIONAL PARTIES <br /> Page 2 <br /> 1. Plaintiffs' initial claims against Defendants relating to ad valorem taxes have been <br /> resolved with the exception of reserved issues which are the subject of pending Cross-Motions <br /> for Summary Judgment between Plaintiffs and Defendants. <br /> 2. This Court recently entered its order authorizing the Defendants to file and serve <br /> an Amended Third-Party Complaint, which Complaint was answered by Third-Party Defendant, <br /> State of Colorado, Department of Natural Resources, Division of Minerals and Geology <br /> ("DMG"). <br /> 3. The Amended Third-Party Complaint includes a Fifth Claim for Relief, seeking <br /> an injunction against parts of DMG's reclamation plans, based upon a conveyance of <br /> Defendants' property to a new entity, Midcon Realty, L.L.C., a Colorado limited liability <br /> company, upon information and belief owned and controlled at least in part by the same <br /> principals who owned and controlled Defendant MCR, including Robert Delaney. <br /> 4. In its Answer to the Amended Third-Party Complaint, DMG has admitted that the <br /> Reclamation Plan requires demolition of the improvements that Mid-Con Realty wishes to put to <br /> post-mining uses, and denies that an injunction is appropriate, but Pitkin County has no <br /> assurance that the Reclamation Plan might not be changed as part of a future settlement between <br /> MCR and DMG. <br /> 2 <br />