Laserfiche WebLink
On September 27, 1993 , while these administrative proceedings <br /> were pending, the Division commenced this judicial proceeding, <br /> seeking to enjoin defendants to "immediately . . . complete <br /> reclamation of the Nine pursuant to the . . . Schedule . . . <br /> dated May 22, 1991 . " The complaint seeks to impose liability on <br /> these defendants as Resources' "agents . " The allegations in the <br /> Complaint are identical to the allegations that are the subject of <br /> the pending administrative proceedings . Liability here is not <br /> premised upon any separate violations . <br /> II . ARGUMENTS AND AUTHORITIES <br /> A. C.R.S . § 34-33-123 (12) IS NOT APPLICABLE AGAINST THESE <br /> DEFENDANTS <br /> This action is brought pursuant to C.R.S. § 34-33-123 (12) <br /> (1993 Supp. ) of the Colorado Mined Land Reclamation Act (the <br /> "Act . ") That section provides in pertinent part as follows : <br /> (12) The board or office may request the attorney <br /> general to institute a civil action for relief . . . <br /> whenever such permittee or an agent of such permittee <br /> violates or fails or refuses to comply with any order or <br /> decision issued by the board or office under this <br /> article . . . <br /> C.R.S. § 34-12-123 (12) (1993 Supp. ) . <br /> This statute says when, but not against whom, an action may <br /> be brought . In this case, the action has been brought only <br /> against alleged agents3; the permittee, Resources, is not named <br /> 3 See Amended Complaint, ¶ 1 18, 21, 26, and 31 . The <br /> defendants do not concede that they are "agents . " For purposes of <br /> this brief only, however, the term "agents" will be used instead <br /> of "alleged agents" for ease of reference . <br /> -4- <br />