BOA minutes 111113 - Laserfiche WebLink

Browse Search

Approved 4/22/2014 OC Board of Adjustment – 11/11/2013 Page 12 of 123 David Rooks: That means you can read everything in great detail and make your decision based on that exhibit if 1 you choose to and if you choose to look elsewhere to make your decision feel free to look elsewhere to make 2 your decision. 3 4 Larry Wright: And how would you define elsewhere? 5 6 David Rooks: The rest of the record. It is like any other trial where you receive a great mass of evidence. There 7 are parts that are important and parts that are not. 8 9 Larry Wright: I’m not comfortable at all. I want a discussion on this from the board. 10 11 Jeff Schmitt: What would be an example of the technical objection? 12 13 David Rooks: The classic was the hearsay where he attempted to….a technical would be that it is somehow 14 privileged or … quite frankly if you had the conversation the conversation will be on relevancy. It is whether the 15 exhibit is actually relevant to an issue before this board to determine. I go back to the application and the basis 16 for the appeal which is where I think you should look for that. You could take a long time and go through and 17 make that decision or you can make a blanket decision to receive all of it or none of it. I tend to resolve that in 18 favor or receiving all of it and making your decision on the evidence you choose to make your decision on. 19 20 Jeff Schmitt: From my perspective in deference to the plaintiff in this case, something that has gone for how 21 many years, I would not object to this being entered into evidence. I would give latitude to us being able to utilize 22 bits and pieces as we deliberate. 23 24 Mike Micol: I concur. 25 26 Larry Wright: We will accept with the exception of the testimony we specifically denied. The testimony with the 27 Barron. We will accept the rest. We are now starting the rebuttals. Mr. Buck, you will be first. Do you have a 28 rebuttal of the evidence that the county brought to the board? 29 30 Michael Buck: I have no objection. I am in favor of putting everything into the record. 31 32 Larry Wright: Okay, do you have a rebuttal of the evidence that Mr. Buck presented to the board. 33 34 Geof Gledhill: We do. We have a rebuttal which includes some additional new items. 35 36 Larry Wright: I didn’t ask you for evidence, I am sorry. Would you present that at this time? 37 38 David Rooks: Remember, he is entitled to cross examine through evidence. 39 40 Geof Gledhill: We had labeled the documents that I want to present to you tonight as County Handouts 1, 2, and 41 3. We can change that to conform to the nomenclature you have just set up. That would be C-1-A, C-1-B, and 42 C-1-C. C-1-A, I would like to ask Mr. Harvey to clarify one correction we want to be made to C-1A and then want 43 to offer that into evidence. Mr. Harvey, would you please tell the board what that correction is. 44 45 Michael Harvey: On page 2 which is in front of you, also in your packet, you also got a copy of this last month 46 and we are reintroducing it. The correction is on page 2 under notes, “regulations in place at the time the special 47