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ordered the Board to postpone the April 25 hearing pending further order of <br />the court. <br />Based on the court's order, the Board asked the court to remand the issue <br />back to the Board so it could reconsider its April 10, 2001 order. The court <br />granted the Board's ?request, and on June 11, 2001, the Board issued a new <br />order. The June 11 order found that the Division had authority to vacate the <br />NOV without prejudice and that Basin Resources did not have standing to <br />seek review of the Division's action. (Attached as Exhibit E). <br />i <br />Thereafter, the Tatums requested the court to assess costs and expenses <br />including attorney fees against Basin Resources for their defense of the <br />Division's action in ;vacating the NOV. The court reserved ruling until the <br />case had been resolved on its final merits. <br />Ultimately, after a separate litigation brought by Basin was resolved, the <br />Tatums ask the trial court to enter a final judgment. The Board, Division <br />and Basin Resources agreed to entry of the final judgment. On August 15, <br />2002, the court made its order granting temporary relief the final judgment. <br />On the same day, by separate order, the court granted Tatums' request for <br />costs and expenses including attorney fees for Tatums' defense against <br />Basin Resources' efforts to reinstate the vacated NOV. The court <br />specifically found that Basin Resources had no standing to challenge the <br />vacation of the NOV. The court also found Basin Resources' actions <br />groundless. <br />Basin Resources appealed this case. The appeal will be discussed later in <br />this brief. <br />I <br />Basin Resources v. MLRB and Tatums (01 CV 077) (request for judicial <br />review of Board's June 11, 2001 order upholdiniz Division's authoritv to <br />NOV without preiudice <br />I <br />Once the Board issued its June 11, 2001, order upholding the Division's <br />authority to vacate the NOV without prejudice, Basin Resources filed a <br />complaint in district court requesting judicial review of the Board's order. <br />Basin Resources alleged that it had a statutory right to a hearing before the <br />Board and wanted the hearing to vindicate its position that no violation had <br />occurred and to resole once and for all issues raised by the Tatums and <br />pursued by the Board and Division. <br />7