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the subpoenas request.Beginning on Page 70 isthe excerpt of the session law. The background of this is 99 as follows andis articulated in the abstract:On July 12, Session Law 2017-108 became effective, which 100 established the use of structures on a bona fide farm. Orange Countyreceived a request on October12 101 from Andy Petesch, representing Barn of Chapel Hill/Wild Flora Farm for adetermination from the county 102 onwhether the property met the requirements of the sessions lawand could conduct agritourism activities.103 This requestinvolved thestructure located on the Orange County parcel identified as PIN: 9729-50-7168 104 owned/operated by Southeast Property Group LLC (a.k.a. Wild Flora Farm), and is commonly referred to 105 as theBarn of Chapel Hill. The request was reviewed with John Roberts of the county attorney’s office, and106 after review of Andy Petesch’s request, staff made adetermination that the structure located on this 107 property is classified as a bona fide farm, pursuant to the provisions in General Statutes 153A-340(b)(2)a.It108 is not subject to land use regulationsas embodied within the Orange County Unified Development 109 Ordinance. Michael Harvey noted that LeAnn Brown has attached a copy of the Orange Countyletter, 110 within Attachment 1, which is the appeal application. As part of the submittal, LeAnnBrown, who 111 representsseveral adjacent property owners, had requested thechair, under his or her discretion as part of 112 local land use regulations and state statute,to issue subpoenas forrequestedinformation. That request 113 has been denied. Per request of LeAnnBrown, the full board has been askedto review that denial and 114 determine whether or not the subpoenas should be issued. 115 Michael Harveyreminded the board that attorneys representing each side, LeAnn Brown and Andy 116 Petesch, have requested that the purposeof the meeting is to review the subpoena request only. The 117 meeting isopen to the public but testimony is limited to the parties that have standing. The decision to 118 issue or not issue the subpoenas is ultimately appealable to Orange County Superior Court within 30 days. 119 120 Michael Harvey then requested that the agenda packet be entered into the record. 121 122 MOTION by Barry Katz to enter the agenda packet into the record.Seconded by Randy Herman.123 124 VOTE:UNANIMOUS125 126 Karen Barrows said the board would give each attorney 10 minutes to address the board. 127 128 LeAnn Nease Brown addressed the board. She asked that the board find that the parties she represents 129 have standing as the board has found previously that those parties have standing. She said there is a 130 procedure in the Board of Adjustmentstatute that is designed to add a means by which information that 131 may be relevant to a hearing can be obtained, and that is a subpoena process. Subpoenas, as a general 132 principle, are a means by which documents or other informationare brought before a tribunal. Admissibility 133 of that information is decided in the context of thehearing. Subpoena is the means by which the documents 134 can be obtained. The issuanceof subpoenasis generally a ministerial act. She said there are case laws in 135 North Carolina to which she could refer but quotedBone v. Broadfor the record. She continued, stating that 136 the word relevant in the statue is informed by how the word relevant is applied in the rules of evidence. The 137 Orange County Board of Adjustment applies relaxed rules of evidencein its hearings.She noted that the 138 North Carolina General Statues §1-401defines relevant evidenceas having any tendency to make the 139 existence of any fact that is of consequence to the determination of an action more probable or less 140 probable than it would be without the evidence. The comments to note 401 state that dealing with 141 probabilityin the language of the rule hasadded the virtueof avoiding confusion between questions of 142 admissibility and questions of sufficiency of the evidence. It has also subsumed in it the concept of 143 materiality. 144 145 19