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information the Division gives to MCR and the Trustee, it is not <br /> enough or it is used to file yet another lawsuit . MCR and the <br /> Trustee have shown no indication that they are willing to resolve <br /> differences . <br /> Second, MCR and the Trustee' s response to the Division' s <br /> interrogatory provides no guideline for what they feel is lacking <br /> in the Accounting. They appear to assert that they just don' t like <br /> the way the Division has categorized the estimated costs and <br /> projects . This is an inadequate response and an inadequate reason <br /> for asserting the first claim for relief . <br /> Third, it should be noted that implementation of a reclamation <br /> plan is an on-going process . A reclamation plan does not set forth <br /> a step-by-step outline on how each reclamation task is to be <br /> performed. Consequently, the Division, as the agency performing <br /> the reclamation, has the discretion to make professional judgment <br /> calls on how to reclaim the land. <br /> The Division' s Accounting takes that factor into <br /> consideration. The Accounting provides in detail the tasks to be <br /> performed, and an estimated cost for each task. Without a clear <br /> answer from MCR and the Trustee of what they believe is lacking <br /> from the Accounting, the first claim for relief cannot be resolved. <br /> The Division would welcome a statement from them about what <br /> specific information they want concerning the Accounting. <br /> Second, Third and Fourth Claims for Relief <br /> Generally, all of these claims are based on a contract theory: <br /> MCR and the Trustee allege that MCR' s liquidation plan is a <br /> 13 <br />