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37 <br />1 We thought that also. That was the <br />2 original argument that was before the board before <br />3 the board's attorney sua sponte brought up the <br />4 issue whether the division had authority to vacate <br />5 in the first place. Both of those issues were <br />6 discussed and argued to the board in the April <br />7 hearing. <br />8 So we believe that the board now has the <br />9 jurisdiction to consider that if it didn't <br />10 explicitly do so in its original order, and it <br />11 didn't explicitly in the original order, although <br />12 it was before the board, and I believe that it was <br />13 thoroughly discussed and argued. <br />14 I think because the Court has made a <br />15 preliminary ruling on this matter that it would be <br />16 in the best interests of the board, the division, <br />17 the Tatums, and even Basin for the board to make a <br />18 decision on that today. Otherwise Basin would have <br />19 the authority and the right to come before the <br />20 board next month and appeal the vacation. You <br />21 would have to make that determination in a <br />22 subsequent proceeding. <br />23 MR. JANOSEC: Excuse me, Mr. Brown. <br />24 When you say vacate the decision, are we talking <br />25 about the division's decision or the board's <br />