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19 <br />1 I think there's a problem -- or a large <br />2 part of the problem is that the division and, I <br />3 believe, the Morrises (sic} have been operating <br />4 under the assumption that there would be no hearing <br />5 tomorrow because of the vacation of the NOV and are <br />6 not prepared to argue substantively the NOV <br />7 tomorrow. <br />8 Mr. Morris may have an additional <br />9 argument or right that he wants to protect <br />10 regarding a decision by the board in this matter <br />11 that he may want to take to court, but I think what <br />12 this boils down to, in my mind, anyway is whether <br />13 the division and the Morrises (sic) have had proper <br />14 notice and have been able to prepare adequately for <br />15 a hearing which we are not prepared to adjudicate <br />16 tomorrow. <br />17 MR. ANDERSON: If I may. <br />18 MR. JANOSEC: Yes. <br />19 MR. ANDERSON: In fairness we received <br />20 the letter that the NOV was going to be vacated on <br />21 a Friday. We filed -- I filed our motion the <br />22 following Monday. So the question of whether or <br />23 not there was going to be a hearing tomorrow was <br />24 fully posed to the parties immediately upon receipt <br />25 of the notice that they intended to vacate the <br />