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Approved 12/12/16 <br />OC Board of Adjustment – 10/10/16 Page 107 of 113 <br /> <br /> <br />James Bryan: Right. So one theory is that Michael made a determination of saying, “I’m not going to decide 1 <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 2 <br />whether it’s farm or not”. 3 <br /> 4 <br />Susan Halkiotis: And whether it’s incidental or related? 5 <br /> 6 <br />James Bryan: Yeah, sorry I keep using shorthand for that. So the bona fide farm purpose is not as clean as 7 <br />anybody wants it and that’s what’s causing a lot of this grief here. So you look at bona fide farm purposes 8 <br />are exempt from zoning. Bona fide purposes include agriculture, which includes agritourism. It also includes 9 <br />other things; miscellaneous undefined things incidental or related to agriculture. So the ultimate decision is 10 <br />whether it’s a bona fide farm purpose, how does it get there, and what category of agriculture is it? The 11 <br />appellant is arguing that a wedding center is not, by itself, agriculture and it is not, in this instance, 12 <br />incidental to it. 13 <br /> 14 <br />Barry Katz: Right, but we don’t make that determination. We just make the determination, the suggestion, 15 <br />that Mr. Harvey reconsider his decision. Is that correct? 16 <br /> 17 <br />James Bryan: Right, that’s what option 2 is. 18 <br /> 19 <br />Matt Hughes: Can I ask a process question? So let’s say we reverse this. It goes to Mr. Harvey, he makes 20 <br />a determination, the Brewers’ don’t like it, and the appeal and does that come back to us? 21 <br /> 22 <br />James Bryan: Yep. 23 <br /> 24 <br />Matt Hughes: Ok. 25 <br /> 26 <br />Barry Katz: And they have a right to go to court over this, I assume? 27 <br /> 28 <br />James Bryan: Yeah, so there’s always a right after this Board decides either way to go to Superior Court. 29 <br /> 30 <br />Matt Hughes: So they could appeal our decision to Superior Court? 31 <br /> 32 <br />James Bryan: Yes. Every decision by Michael is appealable to you all and every decision by you all is 33 <br />appealable to Superior Court. 34 <br /> 35 <br />Barry Katz: And who defends our decision in Superior Court, us? 36 <br /> 37 <br />James Bryan: You guys all have to go there. 38 <br /> 39 <br />Barry Katz: When it comes to these rulings… Are we ready to talk about it? 40 <br /> 41 <br />Susan Halkiotis: I think so. 42 <br /> 43 <br />Barry Katz: I certainly would propose that we consider the reversing the decision as it was stated in number 44 <br />2a and b. Based on the testimony that I heard today. Now do I have to state specifically? 45 <br /> 46 <br />James Bryan: Yes. 47 <br /> 48