Laserfiche WebLink
39 <br />1 the shift, but we would ask you, again, please <br />2 affirm our authority and action in vacating this <br />3 violation, and please consider affirming our <br />4 withdrawal of the board hearing as a result of our <br />5 actions, and I need to leave it at that and let the <br />6 parties speak. <br />7 MR. JANOSEC: Thanks, David. Is there <br />8 any questions for Dave? <br />9 MR. MCCULLOH: I've got one. Chuck <br />10 McCulloh on the board. You saw a violation under <br />11 the regulations; is that correct. <br />12 MR. BERRY: (Nodded head.) <br />13 MR. MCCULLOH: I guess my question is, <br />14 was it -- it is now abated -- the violation was <br />i5 abated according to the Tatums? <br />16 MR. BERRY: No. The violation is not <br />17 abated. The Tatums are still alleging the same <br />18 damage to their structure, but they are choosing to <br />19 pursue their remedies through a court of law rather <br />20 than through this regulatory authority. <br />21 My observation and issuance of a <br />22 violation, frankly, was based substantially on the <br />23 statements of the Tatums. The Tatums told me that <br />24 the cracks that I was viewing were a result of <br />25 subsidence damage, and they reminded me rather <br />