Laserfiche WebLink
b. Louis M. LaGiglia is the Creditors' Trustee appointed pursuant to the <br /> Creditors' Trust established by the Bankruptcy Plan of liquidation. <br /> C. Collectively Defendants and Third-party Plaintiffs shall be referred to <br /> hereinafter as"Defendants". <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 1.25, <br /> and C.R.S. § 34-32-105), is an agency of the State of Colorado charged with administration of a <br /> mining permit issued to MCR pursuant to the Colorado Surface Coal Mining Reclamation Act, id. §§ <br /> 34-33-101-137. <br /> ORIGINAL ACTION <br /> 4. Plaintiffs commenced this action asserting four claims for relief, declaratory relief <br /> (Complaint¶¶ 28-30), damages for alleged breach of the Bankruptcy Court's Liquidation Plan (id. ¶¶ <br /> 31-34 p. 4), an accounting (id. ¶¶ 34-38 pp. 4-5), and equitable relief (id. ¶¶ 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 <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 /> BACKGROUND <br /> 6. MCR began underground coal mine operations in Coal Basin, four miles west of the <br /> Village of Redstone, in 1956. The operation was continuous thereafter until 1991. MCR owned real <br /> property and operated as many as five underground coal mines and a coal preparation plant in Coal <br /> Basin. Coal mined and cleaned in Coal Basin was hauled by truck to the Carbondale, Colorado Coal <br /> 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 terminated. <br /> 8. Following shutdown of mining operations, MCR began efforts to sell its Coal Basin <br /> mining operation, including real and personal property used in connection with its underground coal <br /> mining operation. <br /> AMENDED <br /> -2- <br /> CIVIL No. 97 CV 131-3 THIRD-PARTY COMPLAINT <br />