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ENFORCE34652
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ENFORCE34652
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Last modified
8/24/2016 7:44:30 PM
Creation date
11/21/2007 2:17:57 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Name
MLRB COMBINED MOTION TO DISMISS AND RESPONSE TO PLAINTIFFS APPLICATION FOR TEMPORARY RELIEF
Violation No.
CV2000009
Media Type
D
Archive
No
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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 />
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