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71 <br />1 here is a private citizen filing a complaint and <br />2 saying we think ou r structure has been damaged and <br />3 we want you to pursue this as a notice of <br />4 violation. <br />5 What happened subsequently was the <br />6 citizen decided that they would rather pursue their <br />7 action in court then come before the board and <br />8 pursue their action that way. So they asked DMG to <br />9 vacate the NOV without prejudice so they cou ld <br />10 maintain their right to go to cou rt without having <br />11 an adverse decision from DMG on it. <br />12 This puts Basin, I believe, in the same <br />13 position it would have been in anyway with one <br />14 exception and the exception is important, and that <br />15 is that they don't have a potential violation on <br />16 their record. They don't have a civil penalty to <br />17 pay. Instead they've got a court action that they <br />18 would have had anyway . <br />19 They would have had a court action <br />20 anyway by the Tatums because they would have to go <br />21 to court -- the Tatums would have to go to court to <br />22 prove whatever diminution in value they think they <br />23 can prove because of the continuing subsidence. <br />24 Let me just quote one other section of <br />25 the statute to you and that is the section that <br />