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Court granted the Tatums' request for temporary reliet; finding that they had a substantial <br />likelihood of prevailing on the issues related to the authority of the Division to vacate the <br />NOV, and the standing of Basin Resources to challenge the Division's vacation of the <br />NOV. On April 27, 2001, the District Court issued its written order granting the Tatums' <br />request for temporary relief. <br />On May 1, 2001, the Boazd filed a Motion to Stay and Request for Authorization to <br />Reconsider Board Order with the District Court. In its motion, the Board asserted that <br />"the interests ofjustice and economy of State resources would best be served by <br />reconsideration of the April 10, 2001, order which led to this [judicial review] action." <br />8. On May 2, 2001, the District Court issued an order staying the Tatums' judicial review <br />action. The District Court also stated in its order that "The Board's April 10, 2001, order <br />is remanded to the Board'sjurisdiction for the purpose of reconsideration." <br />9. The Board has the authority to reconsider the April Order based on the following: a) <br />pursuant to § 34-33-128(2), C.R.S., the District Court may "remand the proceedings to <br />the board for such further action as it may direct," and b) the District Court remanded the <br />April Order to the Board "for the purpose of reconsideration." <br />10. Upon consideration of the April Order and in light of the findings of the District Court in <br />its grant of temporary relief to the Tatums, the Boazd finds that the Division had the <br />authority to vacate the NOV without prejudice in this case. <br />11. Upon consideration of the April Order and in light of the findings of the District Court in <br />its grant of temporary relief to the Tatums, the Boazd finds that Basin Resources does not <br />have standing to challenge the Division's vacation of the NOV because it has not shown <br />harm. <br />ORDER <br />WHEREFORE, based on the above Findings of Fact and Conclusions of Law, the Boazd <br />orders that: <br />• The Boazd's order of April ] 0, 2001, issued in this matter is hereby vacated; and <br />• Notice of Violation No. CV-2000-009 is hereby vacated without prejudice. <br />Effective this ~ day of June, 2001 <br />FOR THE MINED LAND RECLAMATION BOARD <br />By: .cc~ <br />Harry Ja rni~c, Chaitman <br />