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Larry Wright: This would be the order of our agenda coming up, these items one through seven and how would you 1 suggest we proceed? 2 3 James Bryan: It is a little tricky because it is the applicant’s burden and opportunity to present their case. I surmise 4 this from their application because they did …it is a blessing and curse but in this instance, a blessing they have an 5 attorney representing them because he did a really good job of outlining his case and this literally involves and it’s 6 literally verbatim from Michael’s letter what he is pointing out that he is objecting to… 7 8 Larry Wright: But it is an interpretation. 9 10 James Bryan: Yes. So another way you could do this is to say applicants, why do you have jurisdiction? What are 11 you asking us to do? And then make a determination on whatever they say and say alright. Is that something that 12 staff ordered or determined that was final and binding? 13 14 Larry Wright: I think that is the way to proceed. So how we will proceed is, just to let everybody know, and that is 15 Michael and Mr. Taibi and Mr. Morphis. We will go through items one through seven individually so your argument 16 will be for the applicant. There is no firing range operating from the Bingham Wood Mobile Home Property and 17 everything will be restricted to that. 18 19 T.C. Morphis: I do have to offer one qualification. Mr. Bryan has omitted two important legal points. One is [North 20 Carolina General Statutes] 168 S 388 makes it clear that issues that were not raised in an appeal can be challenged. 21 I was just looking for that. I will be happy to give you the citation in a moment. Second, let’s not lose the forest for 22 the trees. What we are appealing is the planning staff’s determination that there was an illegal shooting range and 23 they rescinded that. End of the day, we believe there is an illegal shooting range and that is on my second page of 24 my appeal. I then challenged and objected to specific determinations made by Mr. Harvey in support of his key 25 determination which is there is no shooting range. That is what Mr. Harvey said. Mr. Bryan is correct, these are 26 seven things we have raised and you can decide if you have jurisdiction or not but at the end of the day, the question 27 you are being asked and it is right here in the middle of page two, the appellants believe that a non-profit shooting 28 range is being illegally operated on the subject property and then direct you to Mr. Harvey’s February 10, 2014 paper, 29 it says, “in consultation with the county attorney’s office, the NOV is hereby rescinded so we have taken objection 30 and issue with the NOV rescinded and there being a determination there is no shooting range. I want to be crystal 31 clear about that. Now, if the Chair will indulge me I am happy to go through these points. 32 33 Larry Wright: What I would like to do then is to clarify through Mr. Harvey what he… can I do this? I don’t see any 34 evidence; there are no hours or anything. They say they have the evidence and the shooting range is running and 35 nobody has evidence, he hasn’t submitted it. How do we get down to the nuts and bolts at this meeting? We need 36 evidence to hear. 37 38 James Bryan: First, you need to figure out what the question is because you have the applicant’s arguing something 39 but I think Mr. Taibi would disagree and I know that staff disagrees with. 40 41 Larry Wright: Right. How do we do this one through seven? 42 43 James Bryan: You can disregard the one through seven. I think he made a good summary of what his case is and I 44 don’t want to put it in my own words and maybe I can’t wrap my head around it either but maybe it is best to have 45 Michael say his piece or Mr. Taibi say his piece but what is the question that y’all are going to answer. Make sure it 46 is crystal clear for you guys and that you understand it. Can somebody appeal a rescission of an NOV? It is a very 47 confusing question and I think it is something you need to figure out. What was it that Michael determined in a final 48 and binding manner that can be appealed? 49 50 10