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45 <br />1 have standing. <br />2 As you indicated earlier, that may <br />3 happen in the future and that question then may <br />4 come up. I guess I would reiterate my comment <br />5 earlier. If you don't need to make a ruling on <br />6 whether they do or do not have standing to question <br />7 the vacation of the NOV now, why make it? That's <br />e my only question for your consideration. <br />9 MR. MORRIS: This is Walt Morris. May I <br />10 respond? <br />li MR. PAULIN: Yes, Walt. <br />12 MR. MORRIS: I think there is a reason <br />13 to make it now. If I didn't make it -- state it <br />14 clearly enough before, it is that by making the <br />15 ruling now, the entire case, if it goes on any <br />16 further, if Basin chooses to seek judicial review <br />17 of the order today, the entire case, all of the <br />18 issues will be before the Court, and there will be <br />19 no doubt in the district court's mind that the <br />20 board has taken the action it takes today for both <br />21 reasons; based both upon the idea that DMG has the <br />22 authority to vacate notices of violation without <br />23 prejudice and also based upon a finding which we <br />24 hope you'll make that Basin has failed to show any <br />25 harm. <br />