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84 <br />1 residences that are in the area, we would pursue <br />2 that, but in this case we don't have that. <br />3 We have a citizen saying, My house is <br />4 cracking. I want you to pursue it, and then after <br />S a while says, You know what, I'd rather just go <br />6 straight to court, and, you know, as far as we're <br />7 concerned, that does it. There's no reason for us <br />8 to pursue an NOV when it's basically one house <br />9 alleging subsidence damage. <br />10 MR. CATTANY: But I guess what's not <br />11 clear to me is why something is a violation one day <br />12 and it's not a violation another day because <br />13 somebody picks a different avenue to pursue the <br />14 issue. The law is the law and that if they don't <br />15 want to pursue it, that's fine, but then don't we <br />16 have a moral obligation or a legal obligation to <br />17 pursue it? <br />18 MR. BROWN: Well, again, I would say <br />19 yes, normally. These are very exceptional and <br />20 unusual circumstances, and in this case we were <br />21 relying on the Tatums' testimony to show continuing <br />22 subsidence damage. They submitted an expert report <br />23 regarding continuing subsidence damage, and it was <br />24 the same expert they used in their court case. <br />25 We were relying heavily on the Tatums. <br />