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11/30i98 18:35 FAX 3037962777 BURNS FIGA & SPILL Z 004/014 <br /> Y <br /> DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLORADO <br /> Case No. 97-CV-131-3 <br /> MOTION TO INTERVENE <br /> BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,AND <br /> THOMAS CARL OKEN, PITKIN COUNTY TREASURER, <br /> Plaintiffs, <br /> v_ <br /> MID-CONTINENT RESOURCES, INC., and LOUIS M. LAGIGLIA, <br /> CREDITORS' TRUSTEE UNDER BANKRUPTCY PLAN OF LIQUIDATION, <br /> Defendants and Third-Party Plaintiffs, <br /> V. <br /> STATE OF COLORADO,DEPARTMENT OF NATURAL RESOURCES, DIVISION <br /> OF MINERALS AND GEOLOGY, <br /> Third-Party Defendant_ <br /> MidCon Realty, LLC, by its attorneys Bums, Figa & Will, P.C., hereby moves this Court <br /> pursuant to C.R_Civ_P_ 24(a)(2)to intervene in this action as a third-party plaintiff and as grounds <br /> therefore states as follows: <br /> 1. MidCon Realty, LLC ("MidCon") is a Colorado limited liability company which <br /> owns approximately 255 acres of property in Coal Basin that is subject to reclamation being <br /> performed by the Division of Minerals and Geology, an administrative agency of the State of <br /> Colorado, third-party defendant in this action. <br /> 2_ Situated on a portion of the 255 acres owned by MidCori is a stmcture known as the <br /> "Lamp House." Also, on the 255 acres are certain power lines and access roads serving the private <br /> property and the Lamp I Iouse, a metal building on the former Preparation Plant site and a water tank <br /> ("Improvements"). DMG has stated its intention of razing the Lamp House and destroying the other <br /> Improvements on the private property. MidCon wishes to retain the Improvements. <br />