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09/21/98 14:44 FAX 3037962777 BLR\S FIGA & WILL Z 010/012 <br /> L <br /> f' <br /> 45. MCR and the Creditors' Trustee have been damaged by the actions of DMG u <br /> because less money will be available for payment of residual claims pursuant to Plan Section 4.3.5. <br /> The amount of damages will be proven at trial. <br /> FIFTH CLAIM FOR RELIEF G <br /> (Injunction) <br /> 46. MCR and Creditors' Trustee hereby incorporate all prior averments as if set forth <br /> K <br /> in full �4 <br /> 47_ Some of the real property subject to the Reclamation Plan in Coal Basin has been <br /> and xviil remain private property. <br /> r. <br /> i <br /> 48. In particular, DMG proposes to raze and destroy the rock funnel's lamp house, its <br /> power lines, a metal building near the former Preparation Plant, access roadways, culverts for <br /> stream crossings and a water tank: all on property currently owned by Midcon Realty, LLC, a <br /> f' <br /> Colorado limited liability company. i= <br /> 49. Midcon Realty, LLC has expressed a desire to use the, improvements for post- E <br /> mining uses and does not want them destroyed. The Creditors' Trustee transferred the property to <br /> Midcon Realty, LLC on the express condition that the Creditors' Trustee would protect property <br /> values by preventing destruction of improvements required for post mining uses. <br /> �,` <br /> 50. Thus, DMG's use of reclamation funds to destroy such improvements will be a <br /> E <br /> waste of those funds. <br /> 51. Because the improvements are on real property, destruction of the G <br /> improvements will cause'irreparable harm and there is no adequate remedy at law. F <br /> 52. Restraining the destruction of the improvements will be in the public interest_ <br /> N <br /> 53. The balance of the equities favors such an injunction. <br /> r <br /> r <br /> SIXTH CLAIM FOR RELIEF <br /> (Declaratory Judgment) <br /> rk <br /> 54. MCR and Creditors' Trustee hereby incorporate all prior averments as if set <br /> forth in full. I' <br /> 55. Despite DMG's takeover of the Coal Basin reclamation work from and after July <br /> 18, 1994,MICR remains permitee of record for CDPS-CO-0000396. ; <br /> I� <br /> f�p- <br /> ; <br /> AMENDED <br /> CIVIL No. 97 cv 131-3 THIRD-PARTY COMPLAINT <br /> r <br />