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<br />I agree with, Mr. Balcomb that it is a gamble; if, in fact, his position <br />is correct and SB 97 is either unconstitutional or il'legal, at least as <br />far as the filings the Board has made under the bill. They are cer- <br />tainly in question. I question whether all the work is for naught. <br />Most certainly, surveys of this sort are going to have to. be done at <br />some time. So I think what the Board needs. to. weigh, Mr. Chairman, is <br />: whether' they think'the priority date is of some importance. And, if <br />it is" certainly the Board's actions have not been for naught at all. <br /> <br />MR. STAPLETON:. It seems to me :that as a matter of responsibility we <br />cannot assume that any:thing- is. unconsti:tutional or illegaL <br /> <br />MR. <br />the <br />the <br /> <br />ROBBINS: <br />actions of <br />contrary. <br /> <br />I would agree with that. I think the presumption is that <br />the Legislature ar~. constitutional and legal, and not <br /> <br />MR. STAPLETON: If we let attorneys file challenges to everything: and <br />then just quit dead, they could raise their hourly rate about a 100 <br />percent; and we wouldn't even be worried about Xeroxing charges. <br />(Laughter,. ) <br /> <br />Ken, I' just don't see any other way that we can proceed. Maybe: we will <br />have 'to take another look at it iF a district court would declare it <br />unconstitutional or illega'L. But lIP to that time, a clear mandate to <br />work out what the Legislature said was our responsibility,~we have. <br /> <br />I <br /> <br />MR. BALCOMB: I just point out the cost. I just started, of course. <br />You have to take into consideration the filing place--Steamboat Springs, <br />all the protests that were filed. . Now, somebody is paying this bill, <br />and nobody seems to care about that. <br /> <br />-12- <br />