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5 been in place prior to the adoption of zoning and should have been zoned EC-5 Existing Commercial at the time the township was zoned. This decision to rezone was appealed to Superior Court. The Court ruled that the evidence submitted during the public hearing was insufficient to justify the rezoning of the property and sent the case back to the Board of County Commissioners for further consideration. The purpose of this hearing is to provide an opportunity for any new information to be submitted regarding the use of property when the township was zoned in September, 1981. The staff does not have a recommendation. If based on new evidence received at this hearing, the Board of County Commissioners find that there was a commercial use allowed in the zoning district and that use existed on the property September 2, 1981, then the Zoning Officer would recommend that the current zoning of EC-5 remain. If there is not new evidence presented at this hearing that would show that the commercial use was in place on this property at that time, the staff recommends that the property be rezoned back to Rural Buffer. County Attorney Geoffrey Gledhill clarified that the Board can consider the information that is in this packet even though the Court deemed it to be insufficient. However, the Board will need additional information on which to base their decision. THERE WERE NO COMMENTS OR QUESTIONS FROM MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OR THE PLANNING BOARD NOTE: THE VERBATIM TRANSCRIPT OF THE FOLLOWING COMMENTS IS IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. THE COMMENTS LISTED BELOW ARE SUMMARIZED. Marion Henry Wilson, Jr., present owner of the property, said that the business they run is not a salvage yard but a small automotive repair shop. He presented for the record pictures of his property, the property adjacent to his and pictures of other businesses in the area. Mr. Daryl Farrell, next door neighbor, said he owns the land on the right side of Mr. Wilson. Personally, he does not have a problem with this business being next to him. He feels Mr. Wilson is a very good neighbor and conducts his business in a matter which he thinks he should. In answer to a question, Mr. Farrell said he purchased his land in March, 1994. He also responded to another question saying that he had knowledge of Mr. Combs prior to graduating from high school. He had been out there looking for old parts when he was in high school and he remembered talking to Mr. Combs. He did not have his parts but he thinks they were working on cars back then. This was back in 1979. Larry Reid asked for clarification in that the attorney said that they have to have new evidence for the rezoning situation. He asked if they were looking for receipts during the years 1980 and 1981 to prove that there was a business actually being conducted there. He stands firm that there was a business there. He is not sure if it was being conducted in a way that it is perceived to be conducted today. But if it is a matter of digging up receipts, then he believes he can do that to verify that Combs did some work on a vehicle of his.