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DRAFT <br /> 12 <br /> 1 <br />LeAnn Brown: Mr. Harvey, when you prepared the record in this case why did you only include the 2 <br />abstract in the appeal application? 3 <br /> 4 <br />Michael Harvey: The abstract and the appeal application represented the synopsis of the 5 <br />information we utilized to render our decision based on the order as issued by the Board of 6 <br />Adjustment. 7 <br /> 8 <br />LeAnn Brown: So as NCGS 160A-388 requires your duties you viewed those documents as all of 9 <br />the documents and exhibits that constituted the record from which you took an action? 10 <br /> 11 <br />Michael Harvey: Yes ma’am, as it related to complying with the Board’s action. 12 <br /> 13 <br />LeAnn Brown: And so even though it’s subsequently been introduced into evidence the actual 14 <br />order of the Board of Adjustment of Orange County was not one of the documents you reviewed at 15 <br />the time you prepared this. Is that correct? 16 <br /> 17 <br />Michael Harvey: No. It was not germane, except for the action requested by the Board. 18 <br /> 19 <br />LeAnn Brown: Alright. So the actual findings of fact that this Board made after two long meetings of 20 <br />hearings were not what you considered to be germane in your decision making. Is that? Am I? 21 <br /> 22 <br />Michael Harvey: We reviewed the order to determine what our direction was as this Board 23 <br />articulated. We then reviewed the proposal and made a determination based on what we were 24 <br />asked to do. 25 <br /> 26 <br />LeAnn Brown: And the Board’s order was actually entered and signed when? 27 <br /> 28 <br />Michael Harvey: December the 22nd of 2016. 29 <br /> 30 <br />LeAnn Brown: And your opinion was actually entered when? 31 <br /> 32 <br />Michael Harvey: November the 7th of 2016. 33 <br /> 34 <br />LeAnn Brown: And in fact the… My clients had had to appeal before the Board of Adjustment ever 35 <br />actually had their order even entered. Is that correct? 36 <br /> 37 <br />Michael Harvey: Correct. Before it was signed, correct. 38 <br /> 39 <br />LeAnn Brown: Alright. Do you know who drafted the order for the Board of Adjustment by chance? 40 <br /> 41 <br />Michael Harvey: It was a joint effort between the County staff and the County’s Attorney Office. 42 <br /> 43 <br />LeAnn Brown: Alright. And how about the opinion that you issued? Who drafted that? 44 <br /> 45 <br />Michael Harvey: I drafted it. 46 <br /> 47