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SE]Yf BY~DGS 3-13- 1 ; 8~40.4M ; DEHALB~11441312140007303832:# <br />Mazch, 2001. Basin Resources has incurred considerable additional costs for attorneys and <br />experts as a result o f this delay. <br />Granting the Tatum's requcst to vacate the NOV without prejudice would mean that <br />Basin Resources has incurred this expense for no reason whatsoever. Basin Resources has <br />prepared and reviewed expeR reports addressing the precise issue to he decided by the Board. <br />Basin Resources would be required to jettison its work to date and prepare to respond to <br />whatever novel theories and claims the Tatums might bring in their state court action. Because <br />the Division has acquiesced to the Tatums' request to have the NOV vacated without prejudice, <br />the exposuro to Basin Resources will continue even apart from arty state court adjudication. <br />Basin Resources faces a new enforcement action based on a new citizen's complaint from the <br />Tatums, which could be brought at any time. <br />Basin Resources has been steadfast in its desire to have its contest of the NOV heard on <br />the merits. Basin Resources is convinced that the NOV lacks any basis in fact, and seeks the <br />opportunity to present the relevant facts to the Board. The Board need not accept the vacation of <br />the NOV absent a factual basis. Colorado courts discourage forum shopping, fording that it is <br />"totally inappropriate and is not condoned" People v. Williams, 987 P.2d 232, 238 (Colo. <br />1999). Such foram shopping should he especially disfavored where, as here, a party attempts at <br />the eleventh hour to avoid a proceeding. <br />The Taturns cannot claim surprise or disadvantage resulting from the proceeding before <br />the Board. The Tatums previously pursued and adjudicated a citizen's complaint all the way <br />through review by the United States Interior Board of Land Appeals. They are represented by an <br />attorney who specializes in proceedings brought under the Surface Mining Control and <br />., Reclamation Act (SMCRA), and related state statutes. They are sophisticated participants in this <br />-4- <br />