1998-11-09_GENERAL DOCUMENTS - C1981017

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11/09/98 17:36 FAX 3037962777 BURNS FIGA & WILL Z 003/031 November 2, 1998 resolving all claims by plaintiffs against defendants there is no need for MidCon Realty,LLC to join as a defendant.) MidCon Realty, LLC will file a Motion for Joinder as a third- party plaintiff. Further, Third-Party Plaintiffs stipulate to Pitkin County's realignment as a third-party defendant in this action solely for purposes of responding to third-party plaintiffs' Fifth Claim for Relief for an Injunction. However, third-party plaintiffs object to Pitkin County's appearance in this lawsuit as a third-party defendant with respect to Claims 1 through 4 of the Amended Third-Patty Complaint. Pitkin County has taken no position with respect to the remaining Sixth Clain for Relief and therefore, apparently does not wish to become a third-party defendant and litigate the Sixth Claim. II. FEDERAL AND STATE LAW PRE-EMPT PITKIN COUNTY'S ABILITY TO REGULATE RECLAMMATION ACTIVITIES Although Pitkin County's Motion for Leave to File and Serve a Supplemental Pleading speaks mainly to joining MidCon Realty and thud-party plaintiffs'Fifth Claim for Relief the County apparently wants to have a say in the type of reclamation that will occur in Coal Basin in the future_ Attached to this response as Exhibit A is a copy of a newspaper article from the C,Tlenwood Independent published shortly after Pitkin County filed its Motion for Leave on October 21, 1998. In that article, Pitkin County Assistant Attorney, Debbie Quinn, is quoted as saying, "The County wants to get involved in the reclamation dispute. It is interested in seeing the reclamation done correctly." While the County may have the authority to regulate post-reclamation use of the remaining private property in Coal Basin. it does not have the authority to regulate or second-guess the details of the reclamation occurring in Coal Basin. 2