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23 <br />1 If there's any further litigation <br />2 regarding DMG's decision to vacate that violation, <br />3 the facts aren't particularly relevant. The <br />4 question will be whether DMG had the authority to <br />5 do so. If Basin wants to challenge this motion if <br />6 it carries and the order the board enters, those <br />7 will be questions of law. There's no reason to go <br />8 through what is -- what would, in essence, be a <br />9 good part of the hearing that would have been held <br />10 in this case had the district court not acted. <br />11 MR. BROWN: Mr. Chairman, I would also <br />12 like to add that I also see this line of <br />13 questioning going that way, and the issue before <br />14 the board on the current motion is whether DMG has <br />15 the discretion to issue the NOV; not whether it <br />16 abused its discretion. That's the issue pending <br />17 before the board. <br />18 As I indicated earlier, I would also <br />19 like the board to consider either as an amendment <br />20 to this motion or as a separate motion whether <br />21 Basin has standing to contest this NOV vacation. <br />22 MR. PAULIN: As of March. <br />23 MR. BROWN: If the answer -- yes. If <br />24 the answer to the first question, whether the <br />25 division has the authority to vacate is yes and if <br />