1998-11-30_GENERAL DOCUMENTS - C1981017 ‎(2)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 11/30/1998
• Doc Name: Motion to Intervene
• From: US District Court
• To: Mid-Continent Resources, Inc. & DMG
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

11;30%98 18:36 FAX [phone] BURNS FICA & WILL Z 005/014
3. Further, the quality and quantity of reclamation to be performed by the Division of
Minerals and Geology ("DMG") on MidCon's property will have a direct bearing on its value and
its marketability.
4_ C.R.Civ.P. 24(a)(2) states that a party may intervene "when the applicant claims an
interest relating to the property or transaction which is the subject of the action and he is so situated
that the disposition of the action may as a practical matter impair or impede his ability to protect that
interest unless the applicant's interest is adequately represented by existing parties."
5. In this case, MidCon has a property interest that DMG is threatening to impair by
destruction of the Improvements. The extent and type of reclamation performed on MidCon's
property will also affect its value. Both of these issues are currently before the Court pursuant to the
Amended Third-Party Complaint_ Therefore, intervention of MidCon is appropriate. Harmelink v.
City of Arvada, 41 Colo. App. 122, 580 P.2d 841, 842 (1978) (landowners in rezoned area can
intervene in action regarding zoning); Tekai Corp. v_ Transamerica Title Insurance Co., 39 Colo.
App. 528, 571 P_2d 321, 325 (1977) (rule 24 is to be construed liberally so that all related
controversies can be resolved in one action).
6_ In Pitkin County's recent Motion for Leave to File and Serve a Supplemental
Pleading and to Join Additional Parties, Pitkin County requested that MidCon become a third-party
plaintiff in this matter. The other party in this case, State of Colorado, did not object to Pitkin
County's Motion except to state its position that it is in charge of reclamation. Third-party plaintiffs,
Mid-Continent Resources, Inc. and Lou LaGiglia as Creditor's Trustee under Bankruptcy Plan of
Liquidation, also have no objection to this Motion to Intervene_ Therefore, all parties agree that
MidCon should become a party. C.R.Civ.P. 121 §§ 1-15(8).
7_ MidCon also owns a piece of real property in Garfield County known as the "Coal
Load Out Facility"_ The Coal Load Out was also purchased by MidCon from Mid-Continent
Resources, Inc. which had used the property as part of its mining operations and consequently the
Coal Load Out is included in the Reclamation Plan. MidCon is about to complete reclamation at the
Coal Load Out and therefor desires to obtain a disclaimer and release from DMG stating the DMG
will assert no interest in the property in order to make the property freely marketable. Because the
Coal Load Out is included in the reclamation plan, it is a proper subject for this litigation.
S. Pursuant to C_R_Civ.P. 24(e), a proposed Third-party Complaint is attached to this
Motion setting forth claims for injunctive relief based on deprivation of private property without just
compensation and failure to comply with the Colorado Surface Coal Mining Reclamation Act,
C.R.S. § 34-33-101, e[seq., for breach of contract for failure to comply with the reclamation plan,
and for a declaratory-judgment holding that the Reclamation Plan has been completed with respect
to the Coal Load Out Facility and that DMG has no further interest in that property. The addition of
Mid-Con as a party in this matter will not delay or otherwise impede the disposition of this case
which has not been set for trial.
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