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78 <br />1 The Tatums would clearly have -- be <br />2 adversely affected if we decided to vacate with <br />3 prejudice because at that point they've got a house <br />4 with continuing subsidence damage they allege, but <br />5 they're having an agency saying as a matter of law, <br />6 in fact, we're saying nothing happened here. <br />7 That would make it more difficult for <br />8 them to go forward in court. It's clear that <br />9 they' re adversely affected. Basin, on the other <br />10 hand, I just don't believe has standing to raise <br />11 these arguments. <br />12 They had a potential violation that's <br />13 been removed. They had a potential civil penalty <br />14 that's been removed. They're going to have to -- <br />15 and this is important. They're saying that they <br />16 need some certainty regarding this issue. <br />17 Otherwise the Tatums can come back at any time and <br />18 allege continuing damage and we have to go through <br />19 this whole procedure again. <br />20 They're going to have thaC anyway. At <br />21 any point in time that the Tatums believe that <br />22 there is further cracking in their house, they can <br />23 raise another citizen's complaint . It doesn't <br />24 matter whether we vacated without prejudice or with <br />25 prejudice or whether the board makes a <br />