HomeMy WebLinkAbout20001155.tiff IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO _
Civil Action No. 97-D-2469
ASPHALT PAVING CO., a Colorado corporation,
Plaintiff,
v.
FREDERICK WATTENBERG, also known as FRED WATTENBERG; THOMAS
GILHEANY; THE GREAT WESTERN RAILWAY COMPANY; UNITED STATES OF
AMERICA; WATTENBERG IMPROVEMENT ASSOCIATION, INC.; X O
EXPLORATION, INC.; K. N. FRONT RANGE GATHERING COMPANY; THE BOARD
OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD; FREDERICK
WATTENBERG, JR.; FRITZ WATTENBERG; WILLIAM WATTENBERG; JULIUS
WATTENBERG; CHRISTIAN WATTENBERG; BEVERLY VAN OEVEREN; HAZEL
C:OLLINS; EUGENE HENMAN; MARGENE HALL; MARIE WATTENBERG; HENRY
WATTENBERG; FLORENCE NELSON; LOUISE WATTENBERG; JAMES
WATTENBERG; FLORENCE CONTER; FRED WATTENBERG; ROBERT
WATTENBERG; MARY LEDFORD; DONALD PAUL WATTENBERG; HELEN LEWIS;
EDWARD PERRY; GENE PERRY; E. L. WATTENBERG; RANDY WATTENBERG;
JOHN WATTENBERG; ANNA WATTENBERG; AEON ENERGY Ca; ROCKY H.
WATTENBERG; HELEN AGNES COLBERT; DENVER PACIFIC RAILROAD AND
TELEGRAPH CO.; PUBLIC SERVICE COMPANY OF COLORADO; DONNA
ROUTZEN; MARTIN GEORGE SCHMIDT; PANHANDLE EASTER PIPELINE
COMPANY; BRIGHTON DITCH CO.; AND ALL UNKNOWN PERSONS WHO CLAIM
ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION,
Defendants.
ANSWER OF DEFENDANTS K. N. FRONT RANGE GATHERING COMPANY AND
PANHANDLE EASTERN PIPELINE COMPANY TO AMENDED COMPLAINT
Defendants, K. N. Front Range Gathering Company and Panhandle Eastern
Pipeline Company ("Defendants"), by and through their attorneys, Max Minnig, Jr. &
Associates, LLC, hereby answer the Amended Complaint of Asphalt Paving Co., as
follows:
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FIRST DEFENSE
As to the numbered allegations in the Complaint, Defendants respond as
follows:
1. To the extent that Paragraph 1 of the Complaint contains any factual
allegations, Defendants state that they are without sufficient information and knowledge
to form a belief as to the truth of the allegations asserted therein and therefore deny the
same_
2. To the extent that Paragraph 2 of the Complaint contains any factual
allegations, Defendants state that they are without sufficient information and knowledge
to form a belief as to the truth of the allegations asserted therein and therefore deny the
same.
3. Defendants state that they are without sufficient information and
knowledge to form a belief as to the truth of the allegations made in Paragraph 3 of the
Complaint and therefore deny the same.
4. Defendants state that they are without sufficient information and
knowledge to form a belief as to the truth of the allegations made in Paragraph 4 of the
Complaint and therefore deny the same.
5. Defendants state that they are without sufficient information and
knowledge to form a belief as to the truth of the allegations made in Paragraph 5 of the
Complaint and therefore deny the same_
6. Defendants state that they are without sufficient information and
knowledge to form a belief as to the truth of the allegations made in Paragraph 6 of the
Complaint and therefore deny the same.
7. Defendants state that they are without sufficient information and
knowledge to form a belief as to the truth of the allegations made in Paragraph 7 of the
Complaint and therefore deny the same.
8. Defendants state that they are without sufficient information and
knowledge to form a belief as to the truth of the allegations made in Paragraph 8 of the
Complaint and therefore deny the same.
9. Defendants state that they are without sufficient information and
knowledge to form a belief as to the truth of the allegations made in Paragraph 9 of the
Complaint and therefore deny the same.
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10. Defendants state that they are without sufficient information and
knowledge to form a belief as to the truth of the allegations made in Paragraph 10 of
the Complaint and therefore deny the same.
11. Admit and aver that all right, title and interest of Defendant K. N. Front
Range Gathering Company in the property at issue, as conveyed by the referenced
document, is still in full force and effect.
12. Defendants state that they are without sufficient information and
knowledge to form a belief as to the truth of the allegations made in Paragraph 12 of
the Complaint and therefore deny the same.
13. Admit and aver that all right, title and interest of Defendant Panhandle
Easter Pipeline Company in the property at issue, as conveyed by the referenced
document, is still in full force and effect
14. Defendants state that they are without sufficient information and
knowledge to form a belief as to the truth of the allegations made in Paragraph 14 of
the Complaint and therefore deny the same.
15. Defendants state that they are without sufficient information and
knowledge to form a belief as to the truth of the allegations made in Paragraph 15 of
the Complaint and therefore deny the same_
16. Defendants state that they are without sufficient information and
knowledge to form a belief as to the truth of the allegations made in Paragraph 16 of
the Complaint and therefore deny the same.
17. Defendants deny the allegations made in Paragraph 17 of the Complaint
as to their right, title and interest in the property at issue.
All allegations not expressly admitted by reference are hereby denied.
SECOND DEFENSE
Plaintiffs claim is barred under the applicable statute of limitations.
THIRD DEFENSE
Plaintiffs claim is barred by the doctrines of waiver, estoppel and laches.
FOURTH DEFENSE
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Plaintiffs claim is barred under the doctrine of adverse possession.
FIFTH DEFENSE
Plaintiff's claim, if any, is subject to all right, title and interest of the Defendants
in the property at issue.
WHEREFORE, Defendants request the Court dismiss the Complaint of Asphalt
Paving Co. as against the Defendants, quiet title as to all right, title and interest of the
Defendants in the property at issue, and grant the Defendants all other relief the Court
deems just and proper.
Dated: March 30, 2000, 1997.
Respectfully submitted,
MAX MINNIG, JR. & ASSOCIATES, LLC
By:
Max . Minnig, Jr., #16
Attorneys for Defendants K. N. Front
Range Gathering Company and
Panhandle Eastern Pipeline Company
820-16`h Street, Suite 704
Denver, Colorado 80202
(303) 825-2088
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CERTIFICATE OF MAILING
I, the undersigned, hereby certify that I served the foregoing Answer of
Defendants K. N. Front Range Gathering Company and Panhandle Eastern Pipeline
Company to Amended Complaint, this day of March, 2000, by depositing a true
copy thereof in the U.S. Mail, postage prepaid, addressed to:
Michael Noone, Esq Paul Johns, Esq.
Kinder Morgan Assistant U.S. Attorney
Legal Department 1961 Stout St., Suite 1100
370 Van Gordon St, Phase II - Denver, CO 80294
4'h Floor
Lakewood, CO 80228-8304 Keith D. Tooley, Esq.
• Welborn Sullivan Meck & Tooley
Wm. H. Southard, Esq. 1775 Sherman St., Suite 1800
1025 9`h Avenue, Suite 309 Denver, CO 80203
Greeley, CO 80631
Board of County Commissioners
Edward Imatani, Esq. P.O. Box 758
Barbara S. Banks, Esq. Greeley, CO 80632
Banks & Imatani, P.C.
225 Union Blvd., Suite 310 Hazel Collins
Lakewood, CO 80228 P.O. Box 753
Silver Springs, CO 80751
Ron Klinefelter, Esq.
Western Area Power Admin. Edward Eugene Henman
U.S. Dept. of Energy 1120 Alderson Ave.
P.O. Box 3402 Billings, MT 59102
Golden, CO 80401
Helen Lewis
Fred Wattenberg 14390 E. Marina Dr., #606
2163 U-75 Road Aurora, CO 80014
Cederedge, CO 81413
Edward Perry
Brad W. Schacht, Esq. 2747 S. Kilhei Rd., Bldg 5
Often, Johnson, et al. Kihei, Maui, HI 96753
950 - 17'h St., #1600
Denver, CO 80202 Gene Perry
87 Swan Ave.
Worchester, MA 01602
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Randy Wattenberg
K N Front Range Gathering 3680 E. 133rd Circle
6353 N. 7th Ave. Thornton, CO 80241
Brighton, CO 80601
John Wattenberg
Beverly Van Oeveren 247 S. 3`d Ave.
1130 S. 9th Ave., #107 Brighton, CO 80601
Sterling, CO 80751
Public Service Company
Louise Wattenberg 17th Street Plaza
Brighton Care Center 1225 17th St.
2025 S. Egbert Denver, CO 80202
Brighton, CO 80601
Donna Routzen
James Wattenberg 13525 WCR#8
12230 Levi Circle Fort Lupton, CO 80621
Henderson, CO 80640
Martin George Schmidt
Florence Conter 294 S. 22nd Ave.
14600 E. 136th Ave. Brighton, CO 80601
Brighton, CO 80601
Panhandle Eastern Pipeline Co.
Robert Wattenberg 4407 NRR 1 RN Ave.
12421 Racine Cushion, OK 73016-9801
Henderson, CO 80640
Brighton Ditch Co.
Mary Ledford 11553 WCR 6
981 Dakin Street Brighton, CO 80601
Denver, CO 80221
Donald Paul Wattenberg
P.O. Box 39765
Ninilchik, AK 99639
Helen Lewis
14390 E. Marina Dr., #606
Aurora, CO 80014
E.L. Wattenberg
200 N. 35th Ave., #181
Greeley, CO 80631
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