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1 <br /> 2 James Bryan said the Board of Adjustment needs to show where in the General Statutes it states that there has to be <br /> 3 continuity. <br /> 4 <br /> 5 Barry Katz said to James Bryan that Bryan had just said that the statute doesn't mean that you can just have this card <br /> 6 and pass around this card. If Kara Brewer was the one that actually owned this property and the LLC was formed <br /> 7 sometime after, and it's not clear that Kara Brewer is or was at that time the LLC, then how can the board give any <br /> 8 advantage to a property owner? <br /> 9 <br /> 10 James Bryan said he thinks what Barry Katz is implying is that the Department of Revenue made a mistake. That the <br /> 11 certificate on its face when it says Wild Flora Farm doesn't mean Wild Flora Farm or shouldn't have stated Wild Flora <br /> 12 Farm. That it was either a clerical error or a mistake on their part or maybe fraud was committed on them. Whatever it <br /> 13 is, James Bryan doesn't think the statute clearly indicates that the board can consider that. He thinks the board has to <br /> 14 read the statute as: `A person who holds a qualifying farmer sales tax exemption certificate from the Department of <br /> 15 Revenue.' <br /> 16 <br /> 17 Barry Katz checked that the board is also to consider whether Michael Harvey erred. <br /> 18 <br /> 19 James Bryan answered no, but rather the determination was right or wrong. <br /> 20 <br /> 21 Barry Katz asked whether the board is to make any judgment on whether the determination was right or wrong. <br /> 22 <br /> 23 James Bryan answered yes, the board is to determine whether the structure located on the property is classified as a <br /> 24 bona fide farm purpose under the new section of statute. <br /> 25 <br /> 26 Karen Barrows asked if it was time to close the public hearing. <br /> 27 <br /> 28 LeAnn Brown said that she was not sure she had requested that Exhibits 3, 4 and 5 (the petition, the writ, and the <br /> 29 dismissal) be moved into evidence. <br /> 30 <br /> 31 MOTION by Randy Herman to move those exhibits into evidence. Barry Katz seconded. <br /> 32 VOTE: UNANIMOUS <br /> 33 <br /> 34 LeAnn Brown said she needed to put an objection in the record, in case this case goes elsewhere, to the last bit of <br /> 35 information and argument that the board received from James Bryan. The information included in evidence indicates <br /> 36 that the county attorney's office advised Michael Harvey as to the opinion the board is now reviewing and when the <br /> 37 county attorney's office starts making argument with regard to the case, it's a violation of her clients' due process rights <br /> 38 and potentially Andy Petesch's. <br /> 39 <br /> 40 Andy Petesch requested that the board make a motion to accept all the documents he handed up into evidence. There <br /> 41 were Exhibits 6-8 and a 9 that LeAnn Brown had objected to. Andy Petesch said he did not see any reason to not enter <br /> 42 it into evidence as well. <br /> 43 <br /> 44 MOTION by Barry Katz to move those exhibits into evidence. Susan Halkiotis seconded. <br /> 45 VOTE: UNANIMOUS <br /> 46 <br /> 47 Susan Halkiotis asked James Bryan, regarding facts, on the slide James Bryan had put up earlier, there were three <br /> 48 requirements for facts: competent, material, substantial. In order for evidence to be competent, James Bryan had <br /> 49 indicated that it needed to be trustworthy. If members of this board were to find any of this evidence not to be <br /> 50 trustworthy based on our own questions about, for instance, how that certificate was obtained, or the name on the <br /> 18 <br />