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Approved 6/8/2015 OC Board of Adjustment – 12/08/2014 Page 15 of 49 to regulate this; we are asking you simply to agree with the 2013 NOV that there is a shooting range on the property. 1 Before I proceed, I do need, we have gone over the subpoena, we have gone over in some detail jurisdiction, and I 2 have two motions. You all can address them at your leisure. The first is a motion to continue to January, we may get 3 there any way but we have additional witnesses that are not available tonight. My hope was that Mr. Klein would be 4 testifying, I think it is going to be relevant but that is neither here no r there. The other thing, I have never done this 5 before but I think it is important in this case and at the board’s pleasure, I am prepared to talk about my second 6 motion. I am going to ask that County legal staff be recused from advising you further and you hire outside counsel. 7 This is not some flamboyant move. I respect Mr. Bryan highly, I think he is an excellent attorney but the evidence 8 shows and I am prepared to present it that he is actively involved in working with county staff on their positio n. 9 Essentially what county staff is they have a dilemma; they can either have Mr. Klein mad at them or have a potential 10 law suit with 2nd Amendment written all over it or they can have us and they have chosen to deal with us instead. 11 12 Larry Wright: I think that is hearsay. 13 14 T.C. Morphis: I have the email right here. You have in front of you. I could show it to you. This is a public record’s 15 request. If you flip to Exhibit 10, these are in chronological order. This is a February 4 email to Mr. Bryan, Mr. 16 Harvey, copying Mr. Craig Benedict and John Roberts. They are talking about the rescission. The determination will 17 likely be appealed by neighboring property owners who have already retained attorneys. With that in mind, it may be 18 helpful to focus the letter on those appealable issues. Under tab 10, it is February 4 and I apologize these aren’t 19 better divided. 20 21 Larry Wright: They should be paginated. 22 23 T.C. Morphis: The only thing I need to show is “I recommend the following language”, and it goes through detail, the 24 following language which appears nearly verbatim in the rescission letter. 25 26 Larry Wright: How does this letter influence his working with us to make an unbiased decision? I want that right now. 27 28 T.C. Morphis: The problem sir is that Mr. Bryan and county legal staff can both represent and advocate for staff or 29 they can be your unbiased impartial ….. 30 31 Larry Wright: So you can only have one client? 32 33 T.C. Morphis: That is exactly right. 34 35 Larry Wright: You can only have one client and t hat is it. 36 37 T.C. Morphis: The proper procedure is to hire outside legal counsel. 38 39 Larry Wright: I know they have done it here for this board. 40 41 T.C. Morphis: That actually wasn’t the straw that broke the camel’s back. I met, on Tuesday of las t week, with Mr. 42 Bryan. We had a good conversation about the procedure for this case. There was no discussion on the staff report. 43 The staff’s analysis of this, I would have never seen it except it was emailed to me at 3:30 on Friday last week and in 44 that, I am happy go into detail at the pleasure of the board. There is an assertion that this is not a De Novo hearing. 45 It is simply not the law. It is good advocacy but at this point, the county attorney is advocating for the staff’s position 46 which is fine but at that point, the county attorney staff needs to step aside, represent their client and you all need 47 outside counsel. You don’t have to rule on that now but that is the other motion I wish to make at this time. 48 49 Larry Wright: And your first motion….. 50