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APPROVED JUL Y 9, 2018 146 LeAnn Brown continued, stating that N.C.G.S. §160A-388(g), which is a statue that governs the Board of 147 Adjustment, is quoted in pertinent part on Page 52 of the agenda packet in her letter to Chair Samantha 148 Cabe seeking subpoenas on November 7, 2017. What N.C.G.S. §160A-388(g) allows is it allows persons 149 with standing to seek subpoenas.The procedure is to give the Board of Adjustment a written request, 150 which she did by letter, And it provides the chair shall issue the subpoena if it is determined to be relevant 151 material and reasonable in nature and scope and not oppressive. The statute also contemplates that 152 parties from whom documents are sought may file motions to quash subpoenas. There was no motion to 153 quash or modify the request that she filed some six months ago. 154 155 LeAnn Brown reviewed that six months ago she provided a letter of appeal to the Current Planning 156 Supervisor dated October 13, 2017, She noted that Pages 49-51 of the agenda packet outline the errors 157 alleged, The letter to Chair Samantha Cabe that she sent sought five subpoenas to the following properties: 158 Southeast Property Group LLC, which is the legal owner of the property; Wild Flora Farm LLC, which was 159 created at some point in time, Kara Brewer individually; Chris Brewer individually, and Barn of Chapel Hill 160 LLC. She noted that under the law, those are all separate legal entities. What she sought from them was 161 information submitted to the North Carolina Department of Revenue or to Orange County regarding their 162 alleged eligibility or alleged compliance with the statute regarding the farm exemption as it has been 163 amended. She noted where the farm exemption provisions can be found in the state statutes, as noted on 164 Page 53 of the agenda packet, and that the session law amends several places in the statutes. The other 166 information she sought is the relationship among these entities because information has been provided to 166 the county, suggesting that a tax certificate that was received identifies Wild Flora Farms and Kara Brewer 167 somehow applied to Southeast Property Group LLC. The statute requires the tax certificate to be issued to 168 the owner of the property and one of the errors that her party has alleged is that a certificate to Wild Flora 169 Farm or Kara Brewer cannot apply to Southeast Property Group LLC. On its face, it does not, Frankly, the 170 income amounts and time increments in the two statutes applying to the North Carolina department of 171 Revenue do not appear to have been possibly temporally to have been met and so her party thinks the 172 information she is requesting would be helpful to inform them as to whether there is compliance with those 173 issues. That would be the issue when she comes before this board again, 174 175 LeAnn Brown reviewed that what the statues require is an annual income from farming for the previous tax 176 year of$10,000 or an average for three years of that amount. There are conditional exemptions for tax 177 purposes but that provision does not qualify a property owner. The letter to Kara Brewer with an exemption 178 identification number for Wild Flora Farm is dated September 22, 2017. Wild Flora Farm was created 179 February 14, 2017, so it had only existed a few months. There is annual record of an assumed name 180 certificate for Wild Flora Farm dated October 12, 2017, but it is after the certificate was issued as well. The 181 property was purchased in 2015 by Southeast Property Group LLC and has been owned by it throughout 182 this process. 183 184 LeAnn Brown said that we believe that in order for the Board of Adjustment to make an intelligent and 185 informed decision on the appealing chief as to whether Orange County has misinterpreted what it has 186 received or has failed to make the appropriate legal distinctions among the parties would be informed by 187 the requested subpoenas. She and her clients believe that without the information, it would be difficult for 188 her and her clients in the dark without underlying information to know whether what has been provided 189 meets the statutory requirements. At a hearing on this matter, any evidence that is obtained through the 190 subpoenas can be objected to, The board can choose in a hearing to sustain the objections and LeAnn 191 Brown can offer to make an offer of proof and have that information available so that a court can look at it 192 later, Or the other party can object and the board can sustain that and a court can look at it later. If LeAnn 193 Brown is not allowed to subpoena the information, then it renders it very difficult under her due process 194 rights to prepare an argument before the Board of Adjustment, She appreciates Karen Barrows's decision 4