PERMFILE123598

• Permit No: M1999074
• IBM Index Class Name: Permit File
• Doc Date: 2/18/2000
• Doc Name: BROWN DERBY MINE PN M-99-074 FN 14556
• From: RUSSELL WILDERSON OHAYRE AND DAWSON PC
• To: DMG
• Media Type: D
• Archive: No

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RUSSELL, WILDERSON, O'HAYRE ~ DAWSON, P.C.
ATTORNEYS AT LAW
MARRISON F. RUSSELL
RUNS O. WILDERSON
ROBERT M. O~HAYRE
MICHAEL C DAWSON
OF COUNSEL
ROBERT E. WRIGHT, JR.
120 NORTH TAYLOR STREET
P.O. BO% 179
GUNNISON. COLORADO 81 230
February 14, 2000
Colorado Mined Land Reclamation Board
Division of Minerals and Geology
Department of Natural Resources
1313 Sherman Street, Room 215
Denver, Colorado 80203
Re: Brown Derby Mine, Permit No. M-99-074
Our File No. 14,556
Ladies and Gentlemen:
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FACSIMILE TO [phone]
Received
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Durango Fietd Office
Division of Minerals 8 Geology
As counsel for David and LeDonna McLain, we have received copies of a "Report
of Investigations" and a "Right of Entry Statement" from the Attorney General's Office, which we
expect the applicant to submit in evidence at the upcoming hearing.
The appellants' possession with respect to both documents is as follows:
z 1. The "Report of Investigations" pertains only to geologic aspects of the Brown Derby
~ ~ Mine and the procedure for and funding of construction of access roads generally.
~ ~ The appellants submit that it has utterly no relevance to the issue which the
~ r ~, appellants have raised, being the lack of any right of access by the applicant over
P, i O the appellants' property.
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.-" L-, = ,~ 2. The "Right of Entry Statement" by J. J. McLain dated April 19, 1944 is nothing more
I r, , ~- than a license permitting entry on J. J. McLain's property for construction purposes.
~-~ ~ All permissive use, by license or otherwise, was revoked by the undersigned's letter
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, of January 15, 2000 to the applicant, a copy of which is enclosed. We would further
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~ ~'f ~ note that the "Right of Entry Statement" does not grant an easement over the
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PS~ (9D McLain's property. In this regard note the following:
1. There is no language therein which purports to grant or convey any
permanent right whatsoever. Instead, it is clearly the language of a
revocable license which, as noted above, has been revoked.
2. The instrument is not notarized nor does it contain any legal description of
the real property owned by J. J. McLain, both of which speak strongly in the
support of the position that the same did not, and legally could not, grant
any permanent easement across the McLain ranch.