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1 Larry Wright: I would like to ask for a point of order. I think I would like to clarify for the record at this time if this is a 2 formal public hearing or a hearing open to the public and on page 20, item B, it states “the hearing, while open to the 3 public is not a public hearing where non-applicants are allowed to address the board for present arguments and 4 testimony, etc.” Our attorney is Mr. Bryan and I am going to refer to him. 5 6 James Bryan: This is a public hearing that is open to the public. They can come and observe but only those that are 7 parties of standing can offer testimony. 8 9 Larry Wright: Parties of standing would be those which we have…page 27 through page 36... 10 11 James Bryan: They would have to prove standing. Normally, you would either have special damages or the property 12 owner so any special use permit that the property owner that owns the property has standing and anybody who has a 13 loss in value or other special advantages. 14 15 Larry Wright: So maybe they could introduce that…the reason they have standing when they come up and state they 16 have been duly sworn. That is how we handle that? 17 18 James Bryan: That will be good. 19 20 Larry Wright: Is the board amenable to that? 21 22 Anthony Taibi: I am Anthony Taibi, counsel for the landowner at the pointed issue and simply if the board is going to 23 hear witness testimony later, I would like to be permitted to cross examine any witness. 24 25 Larry Wright: Okay. 26 27 James Bryan: Since I have been here, I don’t think we have done an appeal like this. We have done mostly SUPs 28 and maybe a variance but this is an appeal of the zoning administrator and also particular to this case is that we have 29 had a request for a subpoena. How a subpoena works is that there is statutory authorization that the Board of 30 Adjustment may issue a subpoena. You first go to the chair and have a written request and that was given to the 31 chair. The chair denied that request so now it goes to the entire board and the board has to make a decision on that. 32 That is the overall framework. I would suggest proceeding through four different parts to go step by step particularly 33 because I haven’t had a lot of these. The first one is to make a determination about jurisdiction. There is a recent 34 case in Warren County where the staff, which is who you make the appeal to… you fill out a form and pay money to 35 make an appeal and it goes to staff. Staff is not allowed to make a determination beyond that. Whatever is filed and 36 whatever is paid for gets sent to the board. So the board has to make that determination who has standing and who 37 has jurisdiction. The first question is, is this a question we can answer, jurisdiction. The next one is standing. Is the 38 right person asking this question? As we mentioned before, the property owner decision affecting standing. We can 39 get into details later. Usually it is financial loss if it has a financial impact on your property that would stand. The third 40 one would be the subpoena. Get to that before you get to the final step… the case on the merits. The case on the 41 merits can be done a number of different ways. I get the inclination that you are going to ask the zoning administrator 42 for a brief synopsis on what is going on and then usually allow the appellant to make their case. Then it is the same 43 having both sides put on their evidence allowing cross examination and so forth. 44 45 T.C. Morphis: T.C. Morphis, I am here for the appellants. We would like the opportunity to make an opening 46 statement at the pleasure of the board. 47 48 Larry Wright: First we are going to be looking at jurisdiction. I would like to ask the question of the subpoena, how is 49 that relevant to this meeting? Is that for another meeting? 50 4