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<br />Rather, this is essentially a private property damages issue between tF~c Tatums <br />and Exsin. DbfG became involved only because of the ?atoms ctizen's complaint <br />request. Since the Tartans have exere,sed their statutorily authorized tight m ptrsue <br />their action in coon rather than administrative:y and have withd'awrr their complaint, <br />DMG has nn basis o-reason to proceed with an enforcement action. <br />For the abovc•refercncedreasons, DMG respectfully requests that the Board <br />deny Basin's motion to vacate the \'OV uzd: p:e}udice. DMv also respeafuity <br />requests the Board to deny Basin's request to order Lttc reinstatement of the ti0V <br />and/or proceed with a March 22, 2001 ad}udicative hearing on ttte vacated NOV. <br />Respectfutiy submitted, <br />Steph M Brown <br />Assistant Attorttcy General <br />Counsel for DMG _ <br />(303) 866-.1434 <br />ce: Scot Anderson <br />Walton Morris <br />