Harold:
IF that 'fail' was taken to the Board of Appeals, the EC would previal based on 330.30 Period, done deal)
The real world situation is, how bad does the EC want to stand his ground? Unfortunatley, time is a precious commodity, and a delay of job for at least 30-60 days can be costly to say the least.
Plus, there are other repercussions that may occur!
