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f APPROVED JUL,Y 9, 2018 389 conclusion that the county would have to pay attorney's fees. She said the board has to make decisions on 390 what it thinks is right or wrong and not worry about that. 391 392 Barry Katz said theoretically after LeAnn Brown examines the information she seeks, one of the primary 393 determinations he thinks he hears from her is that the Planning Department was in error in making a 394 decision because of the lack of understanding of the chain of ownership and whether the owner was in a 395 position to make a request for a legitimate certificate. 396 397 LeAnn Brown said it is a simple question: who owns the property? Southeast Property Group LLC. Whose 398 name is on the certificate? Somebody else. The county did a pretzel twist to say well, this entity is really the 399 same as this entity, she said. 400 401 Barry Katz said it could have been a misunderstanding to actually grant it. Whatever entity it is that owns 402 this property did not have to appear before this board for a special use permit, etc., and then was granted 403 the use of this property to put the barn up in error. 404 405 LeAnn Brown said they applied for a special use permit. The board denied it. They appealed it and the 406 appeal was not perfected. They built the barn and took the position that the property qualified for the farm 407 exemption. And then the statute changed. 408 409 Barry Katz asked whether there was any case law that if an entity applies for a special use permit, it is 410 bound by the results of that application. 411 412 LeAnn Brown said she thinks there is. If the board looks at the errors she has alleged in the case in chief, 413 she will make the argument again that the event business should be stopped. 414 415 Barry Katz said over the two or three years this case has been coming before the Board of Adjustment, 416 there has been an evolution in terms of how the entity presents itself. He asked whether there is any 417 requirement from the entity to establish that they are a legitimate operating farm that has continuous 418 income while they do this event business, 419 420 LeAnn Brown asked that her answer on that be saved for a hearing on the merits. 421 422 Barry Katz said he had the impression that this would be a very different kind of hearing, so he had that 423 question in mind. 424 425 LeAnn Brawn said she had asked to keep this hearing brief because she was scheduled for surgery the 426 following morning and Andy Petesch had agreed to ask for this hearing to be bifurcated out of professional 427 courtesy to her and because they both agreed that the decision tonight would be important in determining 428 what happens next. 429 430 MOTION by Barry Katz to close the public hearing. Seconded by Susan Halkiotis. 431 432 VOTE: UNANIMOUS 433 434 Karen Barrows asked Susan Halkiotis for her thoughts. 435 436 Susan Halkitos thanked Randy Herman for his questions. She said she is squeamish about being 437 overreaching. She thinks Andy Petesch made good arguments. However, she comes down on the side of 9