Laserfiche WebLink
111,30/98 18:38 FAX 3037962777 URN''S FIGA & WILL 16 012/014 <br /> 33. Destruction of the Improvements would be a violation of the United States and <br /> Colorado Constitutions. <br /> 34. Destruction of the Improvements by DMG contrary to the wishes of MidCon is in <br /> contravention of the Colorado Surface Coal Mining Reclamation Act, C.RS. § 34-33-101, et seq. <br /> SECOND CLAIM FORRELIEF <br /> (Breach of Contract for Reclamation Work) <br /> 35. _MidCon hereby incorporates all previous averments as if set forth in full. <br /> 36_ DMG's mine reclamation activity in Coal Basin is expressly subject to the <br /> provisions of the Liquidation Plan which incorporates the Reclamation Plan. <br /> 37. In carrying out the reclamation activities under the Reclamation Plan, DMG is <br /> acting pursuant to a contract entered into by, among others, DMG; MCR and MCR's creditors who <br /> are all a parties to and bound by the Liquidation Plan which was approved by the bankruptcy court. <br /> 38. As owner of property upon which some of the reclamation activities have taken <br /> place and will occur in the future,MidCon is a third-party beneficiary of the Reclamation Plan. <br /> 39. DMG has stated its intention to perform reclamation in Coal Basin such that it will <br /> exhaust all funds available to it under the Bankruptcy Liquidation Plan before completing all <br /> reclamation_ Further, some of the reclamation that DMG has performed on MidCon's property has <br /> been substandard and in breach of the Reclamationi Plan's requirements. <br /> 40. MidCon has been damaged by DMG's failure to comply with, the Reclamation <br /> Plan for reclamation already performed on NUCon's land and will be further damaged should <br /> DMG exhaust all the reclamation funds without completing reclamation on MidCon's property. <br /> THIRD CLAIM FOR RELIEF <br /> (Declaratory Judgment regarding Coal Load Out) <br /> 41_ MidCon hereby incorporates all previous averments as if set forth in full. <br /> 42. MidCon ovens certain real property in Gar-field County, Colorado known as <br /> the"Coal Load Out Facility". The Coal Load Out was purchased by MidCon from MCR which <br /> used the Coal Load Out as part of its mining operations and consequently it is included as part of <br /> the Reclamation Plan. <br /> 43. MidCon is in the process of completing all reclamation on the Coal Load Out. <br /> MIDCON REALTY,LLC's <br /> -6- <br /> CtviL No.97 Cv 131-3 THiRD-PARTY COMPLAINT <br />