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<br />1 was provided but file information that the Boaird is <br />2 considering. I think there's language in the rule. <br />3 That's, of course, the argument that I am making. <br />4 It's the application that is finally being considered <br />5 by the Board, which I assume is what - - th e data <br />6 that's before the staff today, maybe came in 15 days <br />7 ago or 30 days, whatever it is; that's the <br />B appropriate date to look at. <br />9 There's a second principle, you know, <br />10 we don't have very many rules. There's not very many <br />11 precedents in this area. I do think there' s an <br />12 important analogous principle from the area of civil <br />13 law and civil practice that when there's am endment to <br />14 a pleading, ir. a civil lawsuit, the court will allow <br />15 that amendment to relate back to the filing of the <br />16 initial complaint if the defendants knew that, bnt <br />17 for some type of error, all of those issues would be <br />18 before the court. While there are n ew issues :~efore <br />19 this body today that weren't present in the initial <br />20 applicatic^ -- for that reason, agai r_, I think it's <br />21 very reasonable for this body to say it wasn't filed <br />22 until you finally determine with us w`:at your <br />23 application is. <br />24 I am not laying any f a~_lt whatscever <br />25 on Castle Concrete. I know there's been give and <br />34 <br />M.I9Y°_T?' P°DCP.'1'ING S~'.?~/ICz' <br />(303) 424-22!1 <br />