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Approved 1/11/2016 OC Board of Adjustment – 11/9/15 Page 24 of 48 few witnesses and then tender the rest. 1 2 James Bryan: We’d still need, if I may, is there anybody in the audience that is in opposition to this, that is uncomfortable with Mr. 3 Rooks being their spokesperson. 4 5 Unidentified Individual: I’m not uncomfortable, but I have no idea what he’s going to say so I can’t very well say what is –as you 6 said before, I don’t know what he’s going to say. 7 8 James Bryan: That’s fair enough. So, just as a reminder to the Board, and the public as well. So, this is a fair trial standard, where 9 dealing with this like a court of law, the thing that we’re most concerned about as a Board is due process rights and that includes 10 the party, all the parties which maybe the applicant, adjoined neighbors and maybe even other people. Is there anybody else like 11 this individual? If not, then we can just surmise that there are –interrupted- 12 13 Unidentified Individual: I think this is difficult because Mr. Rooks, though we love him, does not live in our neighborhood. He’s not 14 been a member of our neighborhood and you’ve hired him to represent us but, for us to not be able to share with you why this is 15 not in harmony, I wonder how that plays out… 16 17 David Rooks: I think… My proposal is that we call the ones we’re planning to call and then allow anyone that wants to testify to 18 testify. I would tender them, and as many that want to testify can testify. I’m not going to try to control who testifies. Beyond the 19 ones, specifically, that I’m calling. I don’t know the rest of the folks and what they’re plans are. 20 21 James Bryan: So madam chair, that brings up a whole slew of other issues with, we’re going to reach some issues with relevancy 22 and redundancy and there’s going to be some heartache later on. But, we can address that later on. The point here is that before 23 that individual goes all the parties have to have a right to question him. So, right now we’ve got one, two, three parties. Does 24 anybody else wish to declare themselves a party to this? Speak now… 25 26 Unidentified Individual: What do you mean by that? 27 28 Unidentified Individual: Are you asking this because you want to know if anyone has questions for the witness? Before he leaves? 29 30 James Bryan: Yes…. Well, and that’s one right to the party. The parties have rights as well. Parties can call witnesses. If you’re 31 not a party, you can’t just come up here and speak. Now, there is a party that says he’s going to call everybody and we’ll get to 32 that when we get it but, that’s how it is. 33 34 Karen Barrows: May I ask if maybe the correct thing to do at this point is to ask if there’s anybody who has any questions for Dr. 35 Stewart, so he can go or not go. 36 37 Wallace Williams: I have one. 38 39 James Bryan: Just to be clear that there’s going to be other witnesses and we’re going to have to go through this, every single 40 time and plus, the applicant might object to these people being parties. You can’t just declare yourself a party. 41 42 Wallace Williams: Do I need to ... 43 44 James Bryan: Let us resolve this, first out, what the Board wants to do. 45 46 Karen Barrows: So James, are you suggesting that Dr. Stewart should stay for a bit so that...? 47 48 James Bryan: I suggest that he stays in the room until we figure out how many parties are here tonight. We have a standing, right? 49 50 Karen Barrows: We have a standing. 51 52 David Rooks: Their appraiser’s already gone. He’s long since gone. I think we’re going around in a circle of nothing here. I think 53 you ask the folks if there’s anybody else who has a question for him, for Dr. Stewart. If they have a question for Dr. Stewart they 54 can ask the question, otherwise he can go. 55