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54 <br />1 vacate an NOV before an appeal that has been <br />2 lodged. I don't know the answ er to this question <br />3 because there's really not muc h authority, and Z've <br />4 done as much looking as I can, but there is at <br />5 least a reading of the statute that would support <br />6 the vie w that once the issue i s lodged before the <br />7 board, it's the board that has to make the call, <br />8 and the division's discretion is not unbridled and <br />9 nor is it standardless. <br />10 I mean, it's clear that if the <br />11 divisio n's going to vacate an NOV, there has to be <br />12 some de cision on the merits of that. Right now, as <br />13 I said, all of the underlying facts are still <br />14 mere . <br />15 Basin doesn't contest that there are <br />16 cracks in the house. We went out and looked at <br />17 it. Basin doesn't contes t that those cracks, at <br />18 least some of them, have occurred afte r 1997 <br />19 because we saw the eviden ce of repairs when we went <br />20 down there and looked at the house. <br />21 So the risk of the enforcem ent action <br />22 remains very real to us, and given the time and <br />23 effort we have expended t o be ready to have this <br />24 thing resolved, we don't just want to put it off <br />25 for six months or a year and then have to go <br />