Laserfiche WebLink
FROM NATURAL 303 866 5126 1995,06-27 09:46 #203 P.04/05 <br /> J UI`I�Yb-JS lb=b10 tKV17= bS9l E• \.GIpb IRRa 6.OMTy} •ate= �ua .ago ease • ^� + <br /> affairs with a view towards three million dollars in total <br /> liability for reclamation costs, to their detriment. Defendants <br /> have expended additional finds for attorney's fees in disputing <br /> a larger amount the State 11ow seeks.` Therefore, the State is <br /> estopped from asserting a claim against Defendants for more <br /> than three million dollars.. <br /> With respect to Plaintiffs motion for ciariticatiQn, the dismissal. as <br /> amended herein, is with prejudice. The.Couit notes that the State is not <br /> foreclosed from filing another action should the Defendants, or any of them, <br /> violate any valid order fro n administrative proceedings. The Court makes no <br /> ruling upon whether any administrative body',has any authority over any of the <br /> Defendants at this point, <br /> THEREFORE, THE COURT ORDERS: <br /> Defendants' Motion to Amend rud6nnent is granted to the extent that <br /> the fQllowing is added to the judgment Order of April 14, 1995: <br /> 1. In issuing and renewing Resource's permit to operate the <br /> mine, the state Division of Minerals and Geology reviewed <br /> the cost of reclamation on several occasions and estimated the <br /> cost to be approximately three million dollars each time. <br /> 2. The State claimed three million for; reclamation in the Mid- <br /> Continent Resources bankruptcy case. <br /> 3-When this action was filed. Plaintiff requested, in the <br /> alternative; three million dollars for reclamation costs. <br /> 4. By its previous conduct with respect to the Defendants, the <br /> State represented that it would seek Only a total of three <br /> million dollars for reclamation costs from Defendants. <br /> Defendants relied on such representaiion by ordering their <br /> affairs with a view towards three million dollars in total <br /> liability for reclamation costs, to their detriment. Mfendants <br /> have expended additional funds for attorney's fees in disputing <br /> a larger amount the State now sacks,: 'Therefore, (lie State is <br /> estopped from asserting a claim a0pst Defendants for more <br /> than three million dollars. <br /> 3 <br />