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j <br />'l <br />~~ <br /> <br /> <br /> <br />~J <br />• i 18 <br />1 Mr. Nussbaum just eluded to--your proposal for raising <br />2 new defenses based on a continuance today? <br />3 MR. BRIGGS: The motion itself is <br />4 calculated not to waive the issue on the 120 days which <br />5 was previously discussed. I mean, jurisdiction was <br />6 either lost or wasn't lost, and I wouldn't waive it <br />7 anyway. But the motions that we have requested, we <br />8 certainly have no defense. we are asking for this to be <br />9 done, and we certainly cannot create any new defense on <br />10 the one hand saying, We tricked you, or something like <br />11 that. We know that this motion was granted, and it is <br />12 our request, and it's our problem, as far as that is <br />13 concerned. That's our position. <br />14 CHAIRMAN O'CONNOR: Okay. Any other <br />15 questions by the board, by the staff, to the staff, to <br />16 the applicant, to the objectors? <br />17 MR. COOLEY: Mr. Chairman, Fred, would you <br />18 state, again, what the recommendation of the staff is <br />19 with regard to this position? <br />20 MR. BANTA: Our recommendation would be <br />21 that the board continue the matter based on Castle <br />22 Concrete's request until such time the board is satisfied <br />23 that the violation has been rectified. I would use their <br />24 language. That's my recommendation. <br />25 I'll tell you what my expectation is. My <br />