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additional claims for relief and legal arguments into this case. Indeed, the LLC's proposed. <br /> third-party complaint not only raises additional-legal arguments concerning the injunctive <br /> relief claim, but also raises two new claims for relief. Breach of Contract for Reclamation <br /> Work and Declaratory Judgment regarding Coal Load Out. Proposed complaint at <br /> paragraphs 23-48. <br /> The LLC's Motion to Intervene and proposed complaint come months after Robert <br /> Delaney formed the LLC and after the LLC acquired the remaining land at the mine site, and <br /> months after MCR and the Trustee asked this court for permission to amend their third-party <br /> complaint to include a claim concerning the LLC's land. It is clear that the LLC was formed <br /> and bought the land prior to the filing of the amended third-party complaint. Therefore, the <br /> LLC could have and should have intervened months ago, should it have desired to intervene <br /> rather than be joined as a party. In addition, the claim for injunctive relief already raised by <br /> MCR and the Trustee will adequately protect any property interest the LLC's has in the <br /> structures remaining on its land. Therefore, this Court should deny the motion to intervene, <br /> but join the LLC as a party pursuant to C.R.C.P. 19. <br /> ARGUMENT <br /> In its Motion to Intervene, Midcon Realty, LLC relies on the provision of the Rules of <br /> Civil Procedure which provides in relevant part that: <br /> Upon timely application anyone shall be <br /> permitted to intervene in an action: . . . (2) <br /> when the applicant claims an interest <br /> relating to the property or transaction which <br /> is the subject of the action and he is so <br /> situated that the disposition of the action <br /> may as a practical matter impair or impede <br /> his ability to protect that interest, unless <br /> 4 <br />