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Karen Barrows: What are you referring to LeAnne? 1 2 LeAnne Brown: In the notebook of exhibit that you have… Mr. Petesch, I just want to be sure that I know 3 which ones you’re moving into evidence? 4 5 Andy Petesch: It would be to have to have three and then have five through 19. 6 7 LeAnne Brown: Alright. Tab 2 is an excerpt from a book by Professor David Owens. I would ask that to the 8 extent you receive that that's simply a legal treatise and you would receive them the same way as any other 9 ordinance provisions, cases, legal treatises that you’re given so I just objected that it’s not an exhibit it’s 10 simply an authority offer to you. I don’t have any objection to your reviewing it. 11 12 Barry Katz: I have a question. So you're introducing this into evidence and we haven't read this? So should 13 we go home and read these things that you're putting into evidence? 14 15 Andy Petesch: It is an excerpt and I'll be referring to it during the arguments. 16 17 James Bryan: So if I may, to the Board, one thing that I’ll get handed out is something that I drafted up. I 18 worked with the attorneys since we had that break I thought it might be a good opportunity that we don't 19 normally have to get something in writing to the Board about what we looked at and decisions we’re going 20 to make. Usually we have to do this on the fly so we tried to work it out as much as we could. It wasn't all 21 that I hope for. I had hoped that we would have had the findings of fact worked out between all the 22 attorneys but because more of it’s being presented tonight it just didn't work out that way. So if you don't 23 mind, and I think this is going to help Andy with his thing, I'll go ahead and just explain what I’ve done here. 24 So I call it a deliberation cheat sheet and just so you know that this is just something that your attorney is 25 providing for you. It is not necessarily an argument for one way or the other. On the cover it explains what 26 the different pages are and it's got a few notes of general rules to consider. The next page is the summary 27 of evidence presented and this includes two items, 5 C and D, those come straight from the attorneys and I 28 asked them, I said “Look I know that stuff put in their abstract, what did you all put in?” so this is what they 29 presented. At the close of testimony by our rules the chair is supposed to read the summary of evidence 30 and then give the other parties an opportunity to amend or correct that. Then the next page indicates that 31 that's when we would close the hearing and enter into deliberations. I reprinted the question presented. 32 That's really just a reminder what's at issue here. And then I’ve got the three questions for jurisdiction. The 33 questions of standing, final determination, (inaudible). And then the next page is the findings of fact and 34 conclusions of law. This is what I really hoped that it would get a page or so. The two attorney’s agreeing 35 that this is what we need them to decide one way or another. Normally if you’ve got an SUP permit it would 36 be that the property value increased or the property value decreased and it’s very clear. You need that 37 finding of fact. Here, this is actually what I wrote: three undisputed findings of fact that I would say is the 38 bare minimum that the Board would have to have. The attorney’s may have their own proposed findings of 39 fact that they offer. If not the Board will have to come up with the facts that they believe are necessary in 40 order to make whatever decision they have. And the last page is that decision’s the ruling and you’ve got 41 three options: Either affirm, reverse, or modify. And this is some of the proposed wording for that. The 42 reversal incorporates the appellant’s request for a stay and things of that nature. 43 44 Karen Barrows: Thank you for your work James Bryan. 45 46 Leann Brown: Ms. Burrows, I can answer your question now. First of all at the tail end of the last meeting 47 Mr. Petesch entered into evidence certain documents that carry different exhibit numbers so we need to be 48 74