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26 <br />1 bottom line is like Harry had said earlier, how can <br />2 we proceed on this until we as a board make a <br />3 decision whether the division has got the authority <br />4 to vacate this or not? Now, am I getting the cart <br />5 before the horse here? <br />6 MR. MORRIS: This is Walt Morris. I <br />7 think that's exactly right. The point is that <br />8 determination is a separate proceeding. <br />9 MR. JANOSEC: That determination, does <br />10 that not satisfy you whether you want to continue <br />11 with this or not? <br />12 MR. MORRIS: Yes. If all the board is <br />13 doing here is deciding whether or not it has -- <br />14 whether or not the vacation was -- DMG's action to <br />15 vacate the NOV was an appropriate action, then this <br />16 is a separate proceeding from the one that was <br />17 previously scheduled for tomorrow and we would like <br />18 to intervene in it. <br />19 MR. LONG: Mr. Chairman? <br />20 MR. JANOSEC: Yes. <br />21 MR. LONG: This is Mike Long. The way I <br />22 see it, it's a three-step process. To me it`s <br />23 very -- three steps, very simple. First and <br />24 foremost, a decision by the board whether or not <br />25 the division erred or had the ability to vacate the <br />