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i <br />appeal. Pursuant to ithe settlement agreement, Basin Resources' appeal in 01 <br />CV 038, the State's cross appeal in that case and the appeal of the trial <br />court's grant of costs against Basin Resources were dismissed. <br />Settlement agreement of February 4 2003 <br />To recap then, at the, time of the settlement agreement, the status of the <br />above litigation matters was as follows: <br />1. The case of Basin Resources' request for judicial review of the Board's <br />June 11, 2001, order; in case no. 0l CV 077 was final. The trial court ruled <br />in favor of the Taturns and the State concerning the Division's authority to <br />vacate the NOV without prejudice and Basin Resources' lack of standing to <br />ask for review of that action. The voluntary dismissal of the Court of <br />Appeals case no. 01 CA 2410, made the trial court's ruling the final ruling <br />on these issues. Thus, the Division's authority to vacate the NOV without <br />prejudice was no longer at issue. It had been finally decided in favor of the <br />Division. <br />2. The appeal of the?trial court's ruling in case no. 01 CV 038 was still <br />pending (02 CA 1915). The appeal involved Basin Resources' appeal and <br />the State's cross appeal. The briefs in the appeal would have included the <br />issues of whether Basin Resources was precluded from re-raising issues that <br />had been decided in the 01 CV 077 case, as well as whether the trial court <br />properly made final its order granting the Tatums temporary relief from the <br />Board's April 10, 2001 order, an order that was no longer in effect given the <br />Board's June 11, 200;1 order upholding the Division's authority to vacate the <br />NOV without prejudice. <br />3. Basin Resources' appeal of the trial court's assessment of costs and <br />expenses in 01 CV 038 was still pending before the Court of Appeals. (Case <br />no. 03 CA 0039). <br />i <br />The February 4, 2003, settlement agreement states that the Board, Division, <br />the Tatums and Basin Resources want to resolve all issues arising from or <br />relating to the NOV. IThe agreement provides that the NOV and case nos. 01 <br />CV 038, 01 CV 077, 61 CA 2410, 02 CA 1915 and 03 CA 0039, all relate to <br />the allegation of subsidence damage that led to the issuance of the NOV and <br />are collectively referred to as "the Litigation." The agreement specifically <br />excludes from the Litigation the Tatums' lawsuit against Basin Resources <br />ii