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DRAFT 13 LeAnn Brown: Did anybody review it? 1 2 Michael Harvey: It was reviewed by staff, specifically the Planning Director for Orange County, as 3 well as representatives of the County’s Attorney Office. 4 5 LeAnn Brown: Without telling me any advice you may have received were you given advice and 6 counsel about the content of the order from the County Attorney’s Office. 7 8 Michael Harvey: I’m sorry, can you specify? You’re talking about the order or the letter? 9 10 LeAnn Brown: The letter. 11 12 Michael Harvey: I was given advice in direction from both the Planning Director and options from 13 the County’s Attorney Office in terms of solidifying the order, which is County Exhibit 2. And 14 information was provided in terms of articulating staff’s response from both the Director and the 15 County’s Attorney Office, with respect to the November 7th letter. 16 17 LeAnn Brown: Is your? And if you answered a question from Mr. Katz a few moments ago about 18 the fact that you had at one time been of the opinion that this particular use did require a Special 19 Use Permit, is that correct? 20 21 Michael Harvey: Correct. 22 23 LeAnn Brown: Was that opinion based on your interpretation of North Carolina law at the time? 24 25 Michael Harvey: It was based on my interpretation not only North Carolina law, but the evidence I 26 had at my disposal the times the determination was made. 27 28 LeAnn Brown: And your current decision is based upon our belief that you are bound by the 29 statements made in an affidavit as to use? 30 31 Michael Harvey: My determination at this time is based on interpretation of existing State law and 32 consultation with advice presented by the County’s Attorney’s Office and the record of CB16-0020 33 to which, yes ma’am, did include an affidavit, as well as documentation articulating the status of the 34 property as a farm as defined by NCGS. 35 36 LeAnn Brown: And did you consider in forming your determination in response to the remand from 37 the Board of Adjustment any of the evidence that was given during their two-day hearing? 38 39 Michael Harvey: No. 40 41 LeAnn Brown: None of the evidence whatsoever was considered by you in making that 42 determination? 43 44 Michael Harvey: For my determination relied on the definition as prescribed by Statutes, the 45 information we had on record at the time, as well as the direction provided by the Board of 46 Adjustment in terms of what they had asked staff to do. Specifically, whether the structure identified 47