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