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DISTRICT COURT,PITKIN COUNTY,STATE OF COLORADO JAN 2 5 1999 <br /> Case.No. 97 CV 131 <br /> :J C7.,. <br /> ORDER GRANTING MOTION TO INTERVENE <br /> BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,et. al., <br /> PLAINTIFFS <br /> vs. <br /> MOCONTINENT RESOURCES,INC.,et. al., <br /> DEFENDANTS <br /> V. <br /> STATE OF COLORADO,et. al, <br /> Third party Defendant <br /> Date of action: January 20, 1999 <br /> Presiding Judge: T. PETER CRAVEN <br /> Action by Court: <br /> MidCon Realty, LLC, seeks to intervene under CRCP 24(a)(2) as a third <br /> party. <br /> MidCon owns about 225 acres in Coal Basin that is subject to reclamation efforts <br /> of Division of Minerals and Geology ("DMG) and on which sit improvements. It is <br /> alleged that DMG wants to destroy these improvements, and MidCon wants to retain <br /> them. MidCon also asserts that the kind of reclamation performed by DMG will affect <br /> the values of Mid-Con's property. MidCon also owns a coal loadout facility in Garfield <br /> County which once was used in conjunction with the Coal basin mining operations. <br /> MidCon wants to complete reclamation of this facility and obtain DMG's consent or <br /> release so that the property can be marketed free of DMG's claims. <br /> In its proposed Third-party Complaint, MidCon asserts taking of private <br /> property without due compensation, violations of the Colorado Surface Coal Mining <br /> Reclamation Act, breach of contract, and it seeks injunctive relief, declaratory judgment <br /> relief, and other forms of relief. <br /> The Court concludes that MidCon is an entity which "claims an interest relating <br />