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go directly to the issue of whether there is a shooting range on site. I believe Mr. Klein’s testimony is very important 1 <br />for this board. We should have a right to challenge what he and his attorney have represented to the staff. 2 <br /> 3 <br />Larry Wright: Thank you. Any discussion from the board? Mr. Bryan. 4 <br /> 5 <br />James Bryan: The board has some discretion. There is statutory authorization for a subpoena and straight from the 6 <br />statute whether it is relevant, reasonable in nature and scope and not oppressive. I believe you might, it looks like 7 <br />Mr. Taibi wants to speak and I think it would be prudent to allow him to make his arguments but then it is a question 8 <br />about reasonableness and whether you believe it is relevant. 9 <br /> 10 <br />Larry Wright: We have whether it is reasonable, nature in scope, not oppressive and relevant. So say we do 11 <br />approve that they pursue issuing a subpoena and Mr. Klein does not. What happens if he comes anyway? If he is 12 <br />sitting in the room, can they ask him to testify? Why a subpoena? That is number one. Number two, if he does not 13 <br />appear after formally being issued a subpoena, isn’t he subject to incarceration? 14 <br /> 15 <br />James Bryan: The first one. The subpoena is because he is not in the room. The board would issue a subpoena. 16 <br />What that looks like nobody knows. I don’t know of a board issuing one in the past but it does not preclude it from 17 <br />being an option. If he fails to show up the recourse is it goes to the General Court of Justice, the courthouse and 18 <br />they get jurisdiction to say you need to show up and if you don’t show up it is contempt of court. In theory, it could be 19 <br />incarceration but it is a legitimate exercise of power. 20 <br /> 21 <br />Mark Micol: Is there any precedence? 22 <br /> 23 <br />James Bryan: Not that I am aware of. Just because a procedure is rare or awkward doesn’t make it any less viable 24 <br />but in my experience I haven’t seen this done. 25 <br /> 26 <br />Larry Wright: As I was reading through this, I think there are a couple of cases in North Carolina where Boards of 27 <br />Adjustment did issue subpoenas and I don’t know how long ago it was. 28 <br /> 29 <br />James Bryan: I think reasonable in scope and nature and not oppressive, you might be thinking of a property owner 30 <br />that lives in Asheville or lives out of state coming in, something like that. Those are the nature and scope that you 31 <br />think about. I think the key one that you will be thinking about is relevancy. 32 <br /> 33 <br />Larry Wright: Okay Mr. Taibi. 34 <br /> 35 <br />Anthony Taibi: Certainly relevancy is a key issue but it is burdensome and oppressive. They are costing my client 36 <br />lots of money. If he is subpoenaed, he will seek to have it quashed in Superior Court. This will cause satellite 37 <br />litigation that is going on and on. Basically what Mr. Morphis wants is a free shot at putting my client under oath and 38 <br />having an opportunity to interrogate him. What is not before the board is a legislative determination. 39 <br /> 40 <br />Larry Wright: We have heard that. Thank you. It is time for the board to discuss this. 41 <br /> 42 <br />Karen Barrows: I frankly don’t see why we would pursue a subpoena. It doesn’t really have anything to do with what 43 <br />we are being asked to look at tonight. 44 <br /> 45 <br />Jeff Schmitt: Is the contention here that unless Mr. Klein comes that he is the only one who can address the seven 46 <br />issues that have been put forward by the applicant since he is the property owner, is that part of the basis for this 47 <br />thing. That he is the only person who can really do that? 48 <br /> 49 <br /> 50 <br />8