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., <br />Rather, this is essentially a private property damages issue betwern t~~e Tatums <br />and Basin. DhfG became involved only because of the Taturtts ctizrn's complaint <br />request. Since the Tatutns have exercised their statutorily authonzcd right to ptrsue <br />their action in coon rather than administrative:y and have withdrawn their complaint, <br />AMCi has no basis o* reason to proceed with an enforcemrnt action. <br />- For the about-referrnced reasons, DMG respectfully requests that the Board <br />deny Basin's motion to vacate the NOV a~tY. pre}udice. DMv also respcctfulty <br />requests the Board to drny Basin's request b order the reinstatement of the NOV <br />and/or proceed with a March 22, 2001 adjudicative hearing on the vacated NOV. <br />Respectfully submitted, <br />1 ~~aN~ <br />.Stepp M_ Brown <br />Assistant Atiomey Grneral <br />Counsel for DMG _ <br />(303) 866-~34 <br />cc: Scot Anderson <br />Walton Morris <br />