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Page 8 of 11 Andy Petesch, standing with LeAnn Brown, said they could jointly respond. AndyPetesch said it was uncharted waters1 and they are unsure how a court will treat an appeal of this decision.LeAnn Brown said it is fair to say whatever the 2 boarddoeswith this case, it will end up as an appeal somewhere. She believes there are three or four appeals on this 3 case already. She will have to appeal because without the subpoenaed documents,her hands are tied to make burden 4 of proof to this board. 5 6 Barry Katz said that was his understanding. He anticipated this. He then asked Andy Petesch whether thefees he 7 alluded towould be directed at LeAnnBrown’s clients. 8 9 Andy Peteschsaidthe county would be liable for attorney’s fees, under state statutes. 10 11 LeAnn Brown said it is troublesome to her that the board would consider thethreat of attorney’s fees when making a 12 decision on this matter. Having read the statuteseveral times, she does not think it is a foregone conclusion that the 13 county would have to pay attorney’s fees. She said the board hasto make decisions on what itthinksis right or wrong14 and not worry about that. 15 16 Barry Katz said theoretically after LeAnn Brownexamines the information she seeks,one of the primary determinations17 he thinks he hears from her isthat the Planning Department was in error in making adecision because of the lack of18 understanding of the chain of ownership and whetherthe owner was in a position to make a request fora legitimate 19 certificate. 20 21 LeAnn Brown said it is a simple question: who owns the property? Southeast Property Group LLC. Whosename is on 22 the certificate? Somebody else. The countydid a pretzel twist to say well, this entity isreally the same as this entity, 23 she said.24 25 Barry Katz said it could have been a misunderstandingto actually grant it. Whatever entityit isthat owns this property 26 did not have to appear before this boardfor a special use permit, etc., and then was granted the use of this property to 27 put the barn up in error. 28 29 LeAnn Brown said they applied for a special use permit. The boarddenied it. They appealedit and the appeal was not 30 perfected. They built the barn and took the position that the property qualified for the farm exemption. And then the 31 statute changed.32 33 Barry Katz asked whether there was any case law that if an entity applies for a special use permit, it is bound by the34 results of that application. 35 36 LeAnn Brown said she thinks there is. If the board looks at the errors she has alleged in the case in chief, she will make 37 the argument again that the event business should be stopped.38 39 Barry Katz said over the two or three years this case has been coming before the Board of Adjustment, there has been 40 anevolution in terms of how the entity presents itself. He asked whetherthereisany requirement from the entityto41 establish that they are a legitimateoperating farm thathas continuous income while theydo this event business.42 43 LeAnn Brown asked that her answer on that be saved for a hearing on the merits. 44 45 Barry Katz said he had the impression that this would be a very different kind of hearing, so he had that questionin 46 mind.47 48 101