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As a second matter, if the Plaintiffs aze granted the temporary relief they seek in the form <br />of a delay in the administrative process, they may well do themselves harm: there is a possibility <br />that at the Board hearing on April Z~, Z001, the Boazd will find that Basin caused damage to the <br />Plaintiffs' property, and to delay such a finding may result in further damage to Plaintiffs ranch <br />and house. <br />A. The Plaintiffs Do Not Have a Substantial Likelihood of Success On the Merits of <br />Their Complaint for Judicial Review, and Are Therefore not Entitled to Temporary Relief <br />First, as azgued above, this court does not have jurisdiction to review anon-final agency <br />order. For that reason alone, Plaintiffs cannot show a "substantial likelihood" that they will <br />prevail in this case. The Court should dismiss this case for [ack of jurisdiction, and the <br />Plaintiffs' Application for Temporary Relief should be denied. If the Court determines that it <br />does have jurisdiction over this matter, however, it should still deny the Application for <br />Temporazy Relief because the Plaintiffs do not have a "substantial likelihood" of prevailing on <br />the merits ofthisjudicial review case. <br />In the Complaint for Judicial Review, the Plaintiffs assert, in short, that the Boazd acted <br />outside its jurisdiction when it questioned whether the Division had the authority under the <br />statute to vacate the NOV w;thour prejudice subsequent t~ Rasin'~ request fnr a heazing. The <br />Plaintiffs assert, without any legal support, that the "DMG has the inherent and starutorily- <br />implied authority to vacate any notice of violation that the agency issues, without consulting with <br />or obtaining the prior approval of the Boazd." Complaint for Judicial Review, ¶ 35. Because the <br />Boazd's action was one in which it sought to clarify, from a procedural standpoint, where the <br />Division's authority ended and the Boazd's authority began as defined in the statute, the <br />