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Larry Wright: Mr. Bryan, on this De Novo issue, this agenda could just be washed away and could go on forever, 1 how do we define? He could take this and spend the next eight board sessions on it. What do we do here? 2 3 James Bryan: So you have to give him full and fair consideration and whatever that may take, that will take. At a 4 point, the constraints to it are relevancy and repetition. Those are your two major restraints but beyond that you have 5 to allow them to have their case. It really matters as to what is the determination you are working on but regardless 6 of that, you are not bound by any record on appeal. You guys can issue your own subpoenas apart from them so 7 they can ask for subpoenas. You can, on your own volition say look I need more information about what happened, 8 when it happened, I subpoena somebody. He is trying to prove standing and we routinely, in this board, approve 9 standing or I’ve never known us to disagree with standing, of course I’ve been here for 20 years but a professional 10 coming and showing standing and proving … why can’t we just do that and move on rather than go through countless 11 witnesses? 12 13 James Bryan: It was my recommendation that [unintelligible] there is number of different ways to do it. You can 14 argue special damages. That is not what they are arguing here this evening. They have already submitted the 15 appraiser’s report in here. I believe they have got the appraiser here tonight. 16 17 Larry Wright: So we could move on to that and he could move on to something else? 18 19 T.C. Morphis: Yes. That is Exhibit 6. We have an appraiser’s report. I have Mr. Kirkland here, I would happy to call 20 as my next witness and if it is some comfort, I don’t have an endless parade of witnesses. I am very cognitive of 21 competitive testimony. We have witnesses that are going to talk a little bit more along the lines of what you have 22 heard, talk about what they have actually seen on the site so we are going to actually keep this as limited as possible 23 on preserving our rights. 24 25 Anthony Taibi: I would suggest there is a more limited matter in front of you all that will not require a whole lot of 26 factual explanation that is whether Mr. Harvey’s determination that a facility means something other than discharging 27 firearms at some arbitrary level of intensity. I mentioned that both procedurally and because there is a constitutional 28 issue which is if you have the right to do something on your property, the original violation says it only has to be 29 members of your family, you can’t have other significant others, you can’t have a domestic partner; you can’t have 30 your friends. They have made it very plain what they object to and it is really a matter of interpretation rather than a 31 question of fact. Is there some level of intensity of an individual and his folks engaging in ordinary shooting activity 32 on vacant land that at some point that is just ordinary okay activity and as Mr. Gallagher has articulately said, no, at 33 some level it becomes more than that slimily with the number of people. If it is your family and friends ….. so that will 34 limit the factual questions before you. 35 36 Larry Wright: Okay. Thank you. Your appraiser? 37 38 T.C. Morphis: We have no further questions Mr. Gallagher. Mr. Kirkland. You have heard our board would like to 39 keep this as short as possible so … just tell me if I am doing too much lawyer mumbo jumbo. 40 41 Richard Kirkland: My name is Rich Kirkland I have been sworn in. I am a commercial appraiser certified general in 42 the State of North Carolina. I am MAI. I have been working in the Triangle area and surrounding areas for about 19 43 years. I regularly appraise land, rural land and subdivisions as part of my professional practice. I was hired to 44 address the questions about whether this would have an impact, of whether a shooting range can have an impact on 45 land value. This has come up in my regular course of business. I have appraised land next to shooting ranges in two 46 other situations and the ….. Specifically, I have looked at shooting ranges, I have looked at one that was proposed to 47 go into Harnett County where the property was situated in such a way where they were using buffering and there was 48 some safety issues with that because I had already appraised a proposed subdivision that was going in right there so 49 we went through that and that set me onto a process of going through the appraiser. With all the research that has 50 29