_GENERAL DOCUMENTS - C1981017 ‎(181)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Name: Bid Documents ‎(IMP)‎ Court Appeals
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

that Resources had assets of $4, 708,500 and total liabilities of
$54, 952,510. Resource's bankruptcy proceedings are still pend-
ing. The Division filed a proof of claim based on the recla-
mation bond issued by Resources to ensure reclamation. A confir-
mation hearing on the proposed liquidation plan was held on April
11, 1994, and the plan was confirmed. This liquidation plan pro-
vides for funding of the reclamation bond. That is, the intent
of the plan is to give the Division reclamation value up to the
amount specified in the reclamation bond. However, the money to
fund the bond is contingent on sale of the estate's property.
Consequently, even if the liquidation plan is confirmed, it is
unknown whether the sales will go through or whether they will be
sufficient to cover the costs of reclamation. As a result of the
uncertainty of the availability of funds for reclamation caused
by Resources' bankruptcy, the present suit was filed.
ARGUMENT
A. THE DEFENDANTS FALL WITHIN THE DEFINITION OF AGENT AS THAT
TERM IS USED IN SECTION 34-33-124 (12) , C.R.S. (1984 & 1993
Supp. ) .
The defendants first claim that the statute under which the
present suit was brought only states when a cause of action may
be filed but not against whom, and that since the board orders in
this case were issued to Resources and not to the defendants, the
defendants cannot be responsible for any failure to comply with
the orders. The defendants' argument fails. The plain language
of the statute authorizes a suit against the permittee or its
agent, and case law supports this interpretation.
Section 34-33-123 (12) , C.R.S. (1984) , provides in pertinent
part as follows:
The Board or office may request the attorney gen-
eral to institute a civil action for relief, in-
cluding a permanent injunction, temporary injunc-
tion, restraining order, or any other appropriate
order . . . whenever {the} permittee or an agent of
such permittee violates or fails or refuses to
comply with any order or decision issued by the
board or office. . . . Such court shall have the
jurisdiction to provide such relief as may be ap-
propriate. . . . Any relief granted by the court to
enforce an order based on a violation or failure
or refusal to comply with any order . . . shall
continue in effect until the completion or final
termination of all proceedings for review of such
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