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76 <br />1 But it's a private property damages <br />2 dispute. It's a house that's got cracks in it and <br />3 the private property owner wants to go do this in <br />4 court rather than through the administrative <br />5 action. Let me just address -- go ahead. <br />6 MR. CATTANY: I guess, then, why didn't <br />7 we say that in the first place? Why did we get in <br />8 the middle of this dog fight? <br />9 MR. BROWN: Well, because the statutes <br />10 and the regs require us, once a citizen files a <br />11 complaint with OSM and OSM sends us a 10-day <br />12 notice -- requires us to go investigate and then <br />13 decide whether or not to issue an NOV. <br />14 MR. CATTANY: Then what Z'm saying is <br />15 why, then, during that 10 days didn't you look at <br />16 it and say this is a cracked house. It's not an <br />17 environmental problem. We are not going to issue <br />18 an NOV? <br />19 MR. BROWN: Because we're required by <br />20 the statute to look at what the citizen's <br />21 complaining about and if we believe the cir_izen has <br />22 a legitimate complaint, to pursue it. That's what <br />23 we did, but now the citizen is saying, We don't <br />24 care anymore about going forward before the board. <br />25 We would rather go to court, and so that's why we <br />