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42. The Division is without sufficient knowledge or information regarding the truth <br /> or veracity of the allegations in paragraph 42 and therefore denies the same, except that the <br /> Division admits that MCR operated the Coal Load Out and that the Coal Load Out was <br /> included under MCR's permit. <br /> 43. The Division is without sufficient knowledge or information regarding the truth <br /> or veracity of the allegations in paragraph 43 and therefore denies the same. <br /> 44. The Division is without sufficient knowledge or information to form a belief as to <br /> the truth or veracity of the allegation that "MidCon requires written acknowledgement from <br /> DMG that reclamation is complete and that DMG will assert no rights in the Coal Load Out <br /> in order for the property to be marketable," and therefore denies the same. To the extent that <br /> the allegations in paragraph 44 incorporate legal argument, no denial or admission is <br /> required. <br /> 45. As to the allegations in paragraph 45, the Division admits it has not issued any <br /> documentation to MidCon Realty, LLC and states that it is not required to issue any <br /> documentation to MidCon Realty, LLC. The Division further states that in paragraph 43 of <br /> its Third-Party Complaint, MidCon Realty, LLC states it is still in the process of completing <br /> reclamation on the Coal Load Out. <br /> 46. The Division is without sufficient knowledge or information regarding the truth <br /> or veracity of the allegations in paragraph 46 and therefore denies the same. <br /> 47. Paragraph 47 contains allegations of law to which no responsive pleading is <br /> required. <br /> 48. The Division denies the allegations of paragraph 48 and incorporates its answer to <br /> paragraph 45. <br /> 49. Except as otherwise specifically admitted herein, the Division denies each and <br /> every allegation in the MidCon Realty, LLC's Third-Party Complaint. <br /> AFFIRMATIVE DEFENSES <br /> 50. MidCon Realty, LLC's Third-Party Complaint fails in whole or part to state a <br /> claim upon which relief can be granted. <br /> 51. MidCon Realty, LLC's Third-Party Complaint is barred in whole or in part by <br /> waiver, estoppel, unclean hands, and/or laches. <br /> 6 <br />