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ENFORCE33214
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Last modified
8/24/2016 7:43:48 PM
Creation date
11/21/2007 1:40:42 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
3/12/2001
Doc Name
THE TATUMS MEMORANDUM ON THE BOARDS LACK OF JURISDICTION TO DECIDE THE MERITS OF BASINS MOTION TO AD
Violation No.
CV2000009
Media Type
D
Archive
No
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<br />noted earlier, Ann Tatum has withdrawn her citicen complaint against Basin. Accordingly, if the <br />Tatums decline to become parties to whatever new proceeding this Boazd may order in response to <br />Basin's motion, the outcome of those proceedings cannot adversely affect the 'Tatums' damage <br />claims against Basin because the Tatttms will not he parties. Consequently, the relief that Raein <br />seeks in its motion would not provide the company with nothing more than it already has as the <br />result of DMG's decision to vacate. The ultimate silliness of Basin's motion, given the current <br />posture of~malters, only emphasizes the need for this Boazd to recognize the iunits on its j urisdictiun <br />and to strike Basin's motion on the ground that the company is not a person who is ur may be <br />adversely affected by 17MCr's decision to vacate former Notice of Violation No. CV-2000-009. <br />Conclusion <br />For the reasons stated in this memorandum, the Tatums urge this Board to reject Basin's <br />motion on the ground that the company is not a person v~ho is or may he adversely affe:ted by <br />llMG's decision to vacate former Notice of Violation No. CV-2000-009. <br />Respectfully submitted, <br />r <br />Walton ll. A4orris, Jr. ,~ <br />MORRJS LAW OFFICE, P.C. <br />Post Office Box 6804 <br />Chsrloitesville, Virginia 22906 <br />(804)293-6616 <br />-6- <br />
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