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i <br />of appeal, the company listed not only issues concerning case number O1 CV <br />077 but also issues regarding O1 CV 038. <br />The Board and Division told the Court of Appeals that issues pertaining to <br />O1 CV 038 should be dismissed because that case was not before the <br />appellate court and stated that the trial court in O1 CV 038 had not yet issued <br />a final order. Basin Resources responded that the issues stated in 01 CV 038 <br />(temporary relief) were subsumed into 01 CV 077 (review of Board's June <br />11 order upholding Division's vacation of NOV). <br />The Court of Appeals dismissed the part of Basin Resources' appeal that <br />involved O1 CV 038. The appeal of the trial court's order in O1 CV 077 <br />dismissing Basin Resources' judicial review request proceeded. <br />After additional objection by the State concerning Basin Resources' <br />designation of record for the appeal, Basin Resources decided to voluntarily <br />dismiss its appeal of the order in 01 CV 077 by agreement of the parties. On <br />July 10, 2002, the Court of Appeals granted the voluntary dismissal. <br />I <br />Thus, the issues of whether the Division could vacate the NOV without <br />prejudice and Basin Resources' standing to ask for Board review of the <br />Division's actions were finally decided. The final word was the trial court's <br />ruling, finding that the;Tatum's motion to dismiss Basin Resources' <br />complaint for judicial review was meritorious based on Basin Resources' <br />lack of standing and failure to state a claim, among other reasons. <br />i <br />Appeal of 01 CV 038 (1 02 CA 1915) <br />I <br />In the meantime, a few'; months later on September 27, 2002, Basin <br />Resources filed a notice of appeal in regard to the trial court's order in O1 <br />CV 038 (making the temporary relief order the final judgment and assessing <br />costs and expenses including attorney fees against Basin Resources). To <br />reiterate, the case of Old CV 038 was brought by the Tatums to obtain <br />temporary relief from the Board's April 10, 2001 order that reinstated the <br />NOV, which the Board later vacated by its order of June 11, 2001. Basin <br />Resources listed several issues it wanted the appellate court to review. <br />On October 15, 2002, the Board and Division filed their own notice of <br />appeal or in the alternative, a cross appeal. The basis for the State's notice <br />of appeal was not to object to the trial court's finding (which was in favor of