Orange County NC Website
Browse       Search
Barry Katz: How hard is it to give it back to him so he can reconsider this. Whether or not this requires any 1 <br />kinds of permits. That’s what option 2 is, we say reconsider whether this needs zoning approval. Is that 2 <br />clear? 3 <br /> 4 <br />James Bryan: Right. So one theory is that Michael made a determination of saying, “I’m not going to decide 5 <br />whether this is a farm or not” so option 2 says, “That was wrong. You need to go back, look at it, and say 6 <br />whether it’s farm or not”. 7 <br /> 8 <br />Susan Halkiotis: And whether it’s incidental or related? 9 <br /> 10 <br />James Bryan: Yeah, sorry I keep using shorthand for that. So the bona fide farm purpose is not as clean as 11 <br />anybody wants it and that’s what’s causing a lot of this grief here. So you look at bona fide farm purposes 12 <br />are exempt from zoning. Bona fide purposes include agriculture, which includes agritourism. It also includes 13 <br />other things; miscellaneous undefined things incidental or related to agriculture. So the ultimate decision is 14 <br />whether it’s a bona fide farm purpose, how does it get there, and what category of agriculture is it? The 15 <br />appellant is arguing that a wedding center is not, by itself, agriculture and it is not, in this instance, 16 <br />incidental to it. 17 <br /> 18 <br />Barry Katz: Right, but we don’t make that determination. We just make the determination, the suggestion, 19 <br />that Mr. Harvey reconsider his decision. Is that correct? 20 <br /> 21 <br />James Bryan: Right, that’s what option 2 is. 22 <br /> 23 <br />Matt Hughes: Can I ask a process question? So let’s say we reverse this. It goes to Mr. Harvey, he makes 24 <br />a determination, the Brewers’ don’t like it, and the appeal and does that come back to us? 25 <br /> 26 <br />James Bryan: Yep. 27 <br /> 28 <br />Matt Hughes: Ok. 29 <br /> 30 <br />Barry Katz: And they have a right to go to court over this, I assume? 31 <br /> 32 <br />James Bryan: Yeah, so there’s always a right after this Board decides either way to go to Superior Court. 33 <br /> 34 <br />Matt Hughes: So they could appeal our decision to Superior Court? 35 <br /> 36 <br />James Bryan: Yes. Every decision by Michael is appealable to you all and every decision by you all is 37 <br />appealable to Superior Court. 38 <br /> 39 <br />Barry Katz: And who defends our decision in Superior Court, us? 40 <br /> 41 <br />James Bryan: You guys all have to go there. 42 <br /> 43 <br />Barry Katz: When it comes to these rulings… Are we ready to talk about it? 44 <br /> 45 <br />Susan Halkiotis: I think so. 46 <br /> 47 <br />111