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09/21/98 14:42 FAX 3037962777 BURNS FIGA & WILL Z 004/012 <br /> i` <br /> r• <br /> b. Louis M. LaGiglia is the Creditors' Trustee appointed pursuant to the <br /> Creditors' Trust established by the Bankruptcy Plan of liquidation. f` <br /> I. <br /> c_ Collectively Defendants and Third-party Plaintiffs shall be referred to r <br /> hereinafter as"Defendants". <br /> tr <br /> 3. Third-party Defendant, the State of Colorado, Department of Natural Resources, <br /> Division of Minerals and Geology ("DMG", formerly the Mined Land Reclamation Division, <br /> sometimes acting through the Mined Land Reclamation Board, "MRLB", see Plan §§ 1.13 and <br /> i• <br /> 1.25, and C.R.S. § 34-32-105),is an agency of the State of Colorado charged with administration of <br /> a mining permit issued to MCR pursuant to the Colorado Surface Coal Mining Reclamation Act, <br /> id. §§ 34-33-101-137. <br /> ORIGINAL ACTION <br /> t <br /> 4. Plaintiffs commenced this action asserting four claims for relief, declaratory relief <br /> (Complaint T�28-30)� dama�ges for alleged breach"of the Bankruptcy Court's Liquidation Plan (id. <br /> ¶¶ 31-34 p. 4), an accounting (id. Jill 34-38 pp. 4-5), and equitable relief(id. ¶I j 39-46 p. 5) all in <br /> connection with allegedly unpaid assessments for ad valorem taxes. <br /> 5. All issues between,Pitkin County and Defendants have been settled by stipulation k <br /> approved by Court Order, except an issue concerning payment of interest on delinquent taxes, now <br /> pending before this Court on Motion for Summary Judgment which has been fully briefed. <br /> i• <br /> BACKGROUND <br /> r <br /> 6. MCR began underground coal mine operations in Coal Basin, four miles west of <br /> the Village of Redstone, in 1956. The operation was continuous thereafter until 1991. MCR owned <br /> real property and operated as many as five underground coal mines and a coal preparation plant in <br /> Coal Basin. Coal mined and cleaned in Coal Basin was hauled by truck to the Carbondale, t <br /> I <br /> Colorado Coal Loadout and shipped by rail to MCR customers. <br /> 7. MCR ceased all mining operations on January 25, 1991. Except for skeleton <br /> maintenance and patrolling crews — "mothballing" personnel — all mining personnel were <br /> terminated. Ll; <br /> II <br /> r <br /> 8. Following shutdown of mining operations, MCR began efforts to sell its Coal <br /> Basin mining operation, including real and personal property used in connection with its i, <br /> underground coal mining operation. <br /> r <br /> 4. <br /> r <br /> IFFI' <br /> / ICI <br /> AMENDED i_. <br /> -2- <br /> CIVIL No.97 Cv 0 1-3 TI-nR -PARTY COMPLAINT <br />