for american airlines to require a certain minimum of factual evidence allegations in a motion for class or cation at the mere quote unquote shall motion was insufficient to bring interest the class before the there are a number of grounds as justice you just pointed out i'm so if there were any in particular you'd like to hear about please stop me and i will answer your questions as relates that was the first song we addressed very briefly is  the most fact specific arguments that the happily raises is with respect to the portion of the act that provides that only those lesser as residential real under the statute in the case law continuous with one another so i think the primary point with respect to that argument is that there are a number of  conjunction with the ballot as many motions to dismiss there is only a portion of that apartment complex shown in particular the western portion just west of  road matters and robin for example you had a two hundred seventy five foot wide tollway running through to a parcel of land and yet in the context of that case the land separated by its all it was still found to be contiguous with one another here if you take a look at the map given the number of factual disputes given the competing maps and given the fact that the case law shows that this is a particularly fact based issue it's not one way or can and decide here is not one apple  that i mean that's a fair question your honor i can imagine a situation where in the owner of an apartment complex in the number of units but spread out potentially statewide you're over think we've made clear in our briefs changing the frequency of payments and interposing requirements as to the amount of the interest needs to rest the level in order to make those payments a more so in this case obviously we are dealing with a statute that does not speak at all to the timeframe and which is supposed to apply just not talk about retroactive application given the absence  conjunction with rejecting a federal case that talks about such a requirement plaintiff's it was satisfied here filing classification motion with his complaint and thereafter i dealing with i getting the defendant  or touching in a substantial physical way so some of the cases say things like the cancellation cases will say they have limitations on that so sometimes if there's even physical touching it's not continuous for purposes of an respect to the security as an interest that's true it's undeniable it's slightly over two dollars that she was denied over the course of the always hold but that is exactly the purpose of the class action device this case could never be brought over and the organization could do this to hundreds thousands millions of people and and profit from it and even truly isn't that big of an issue for those individual plaintiffs but it would have entire class action device to say well this isn't that big of a deal so let's keep doing it's for there was a number of facts to us and again i think only underscore the fact that we issue here that the trial court is going to have to allow us to delve into before we can make a definitive terminate determination of the case law if the final point that counsel raised caveat i agree it absolutely will be a question of law when we have a complete factual record as to how this subdivision is actually laid out what is the with bob well what do you know it's behind to the south the bog into the north or the kind of road that was issued belmont or and that's that's the answer the question