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LeAnn Brown continued, stating that N.C.G.S. §160A-388(g),which is a statue that governs the Board of 146 Adjustment, is quoted in pertinent part on Page 52 of the agenda packet in herletter to Chair Samantha 147 Cabe seeking subpoenas on November 7, 2017.What N.C.G.S. §160A-388(g) allows is it allowspersons148 with standingto seek subpoenas. The procedure is to give the Board of Adjustment a written request, 149 which she did by letter. And it provides the chair shall issue the subpoena if it is determined toberelevant 150 material and reasonable in nature and scope and not oppressive.The statutealso contemplates that 151 partiesfrom whom documents are soughtmay file motions to quash subpoenas. There was no motion to 152 quash or modify the request that she filed some six months ago. 153 154 LeAnn Brown reviewed that six months ago sheprovided a letter of appeal to the Current Planning 155 Supervisordated October 13, 2017. She noted that Pages 49-51 of the agenda packet outline the errors 156 alleged. The letter to Chair Samantha Cabe that she sent sought five subpoenas to the following properties: 157 Southeast Property Group LLC, which is the legal owner of the property; Wild Flora FarmLLC,which was 158 createdat some point in time,KaraBrewer individually;ChrisBrewer individually; and Barn of Chapel Hill159 LLC. She noted that under the law, those are all separate legal entities. What shesought from them was 160 informationsubmitted to the North Carolina Department of Revenueor to Orange County regarding their161 alleged eligibility or alleged compliance with the statute regarding the farm exemptionas it has been 162 amended. She noted where the farm exemption provisions can be found in the state statutes, as noted on 163 Page 53 of the agenda packet, and that the session law amends several places in the statutes. The other 164 information shesought is the relationship among these entitiesbecause information has been provided to 165 the county, suggesting that a tax certificate that was received identifies Wild Flora Farms and KaraBrewer166 somehow applied to Southeast Property Group LLC. The statute requires the tax certificate to be issued to 167 the owner of the property and one of the errors that her party has alleged is that a certificate to Wild Flora 168 Farmor KaraBrewer cannot apply to SoutheastProperty Group LLC. On its face, it does not.Frankly, the 169 income amounts and time increments in the two statutes applying to the North Carolina Department of 170 Revenue do not appear to have been possibly temporally to have been metand so her party thinks the 171 information she is requesting would be helpful to inform them as to whether there is compliance with those 172 issues. That would be the issue when she comes before this board again. 173 174 LeAnn Brown reviewed that what the statues requireisan annual income from farming forthe previous tax 175 year of$10,000 or anaverage for three years ofthat amount. There are conditional exemptions for tax 176 purposes but that provisiondoes not qualify a property owner. The letterto Kara Brewer with an exemption 177 identification number for Wild Flora Farm is dated September 22, 2017. Wild Flora Farm was created 178 February 14, 2017, so it had only existed a few months. There is annual record of an assumed name 179 certificate for Wild Flora Farm dated October 12, 2017, but it is after the certificate was issued as well. The 180 property was purchased in 2015 by Southeast Property Group LLCand has been owned by it throughout 181 this process. 182 183 LeAnn Brown said that webelieve that in order for the Board of Adjustmentto make an intelligent and 184 informed decision on the appealing chief as to whetherOrange County has misinterpretedwhat it has185 received or has failed to make the appropriate legal distinctions among the parties would be informed by 186 the requested subpoenas. She and her clientsbelieve that without the information, it would be difficult for 187 her and herclients in the dark without underlying information to know whether what has been provided 188 meets the statutory requirements. At a hearing on this matter, any evidence that is obtained through the 189 subpoenas can be objected to. The boardcan choose in a hearing to sustain the objectionsand LeAnn 190 Brown can offer to make an offer of proof and have that information available so that a court can look at it 191 later.Or the other party can object and the board can sustain that and a court can look at it later. If LeAnn 192 Brown is not allowed to subpoenathe information, then it renders it very difficult under her due process 193 rights toprepare an argument before the Board of Adjustment. She appreciates Karen Barrows’s decision 194 20