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Page 10 of 11 1 There was agreement to give LeAnn Brown time to recover from surgery. 2 3 LeAnn Brown requested that the date that the documents requested in the subpoenas be submitted to the board be 4 before the next hearingon this case so that she would have time to prepare. Andy Petesch objected to providing the 5 documents in advance of the hearing, explaining that he believes he and his clients would be obligatedto produce the 6 documents at a hearing and not before. Randy Herman agreed with that interpretation. 7 8 There was then discussion of holding a hearing for the sole purpose of receiving the documents. 9 10 James Bryan suggested holding a Board of Adjustment meeting in July for the sole purpose of receiving the 11 documents. 12 13 There was then question of whether witnesses were required to appear in July.14 15 Andy Petesch said if witnesses were required to appear, he would need a much more specific list of questions16 consistent with discovery rules. 17 18 Karen Barrows said she thoughtonly thedocuments were being required in July. 19 20 Andy Peteschsaid he was not waiving his objection to producing the documents earlier than the hearing on the matter.21 22 LeAnn Brown said the subpoenasattached to the original request ask that witnesses appear before the Board of 23 Adjustment on a date certain and ask that the documents be produced in advance on a date certain. Rule 45 allows 24 that. She thinks it is appropriate to requirethat. 25 26 The board returned to discussing when in July the documents wouldbe required. James Bryan noted the Board of 27 Adjustment’s next meeting would be July 9. He suggested having the people who are subpoenaed appear at the 28 August Board of Adjustment meeting on August 13. 29 30 Karen Barrows asked for a motion.31 32 Susan Halktiois told the attorneys in the room that she does not know whatRule 45means and whether it does require 33 that the subpoenaed documents be submitted at a hearing of this board. 34 35 James Bryan said if there is nothing else on the agenda and that is the whole reasoneveryone has to show up, it might 36 be frustrating. 37 38 Barry Katz said he was in favor of setting the dates of July 9 for the subpoenaed documents and August 13 for the 39 subpoenaed people, acknowledging that Andy Petesch and LeAnn Brown had said that whateverthe board decided 40 this evening, there would be an appeal. Therefore, those dates may not remain the same. 41 42 Karen Barrows called for a motion. 43 44 MOTION by Barry Katz tohave the information presented on July 9, 2018, to the Board of Adjustment with a further 45 meeting of all parties August 13, 2018. Seconded by Susan Halkiotis. 46 47 VOTE:UNANIMOUS48 49 50 103