Laserfiche WebLink
36 <br />1 I'll just read from the order granting temporary <br />2 relief fr om the Court in Las Animas County. <br />3 Paragraph 3 of that order says, "Based on the <br />4 arguments of co unsel it appears that the board <br />5 order at issue in this case finds that Basin would <br />6 be adversely affected by DMG's vacation of Notice <br />7 of Violation Number CV-2000-009 despite the <br />8 apparent lack of substantial evidence in the <br />9 administrative record to support that finding." <br />10 And then it has a paragraph 4. States, <br />11 "The board order at issue also appears to conclude <br />12 that the action of DMG in vacating its own <br />13 enforcement order was without any authority." <br />14 And then paragraph 5 goes on to state, <br />15 "The Court finds the Tatums have shown that there <br />16 is a substantial likelihood that they will prevail <br />17 on the merits of the final determination of the <br />18 proceedings as to those issues." <br />19 So it's clearly including the first <br />20 issue that I read to you, which is whether Basin <br />21 has standing to contest the vacation of the NOV. <br />22 So the court order certainly goes to that issue <br />23 According to the Court, it believed that it was <br />24 before the board and that the board made some <br />25 determination to that effect. <br />