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52. MidCon Realty, LLC has failed to mitigate alleged damages. <br />53. MidCon Realty, LLC's claims are barred in whole or in part by the Colorado <br />Governmental Immunity Act. <br />54. MidCon Realty, LLC's claims are barred in whole or in part by applicable <br />statutes of limitations. <br />WHEREFORE, the Division of Minerals and Geology requests this Court to deny the <br />relief requested in, or to dismiss, the claims of MidCon Realty, LLC and to enter judgment in <br />favor of the Division, including costs and attorney fees and such other and further relief to <br />which the Division may be entitled. <br />KEN SALAZAR <br />Attorney General <br />BARBARA MCDONNELL <br />Chief Deputy Attorney General <br />MICHAEL E. McLACHLAN <br />Solicitor General <br />FELICITY HANNAY <br />Deputy Attorney General <br />CHERYL A. LINDEN, 14185* <br />First Assistant Attorney General <br />Natural Resources Section <br />Attorneys for Division of Minerals and Geology <br />1525 Sherman Street, 5th Floor <br />Denver, Colorado 80203 <br />Telephone: (303) 866 -5127 <br />FAX: (303) 866 -3558 <br />*Counsel of Record <br />7 <br />