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13 <br /> 1 Leon Meyers:We're discussing the motion needs to addressing standing and we haven't seen the video. You need to <br /> 2 establish standing, I think, on some other basis than the video. <br /> 3 <br /> 4 Beth Bronson: So we would need to see her like we need to be in discovery for us to say that she had the ability to make <br /> 5 this presentation? <br /> 6 <br /> 7 Adam Beeman: I would argue you'd have to be a professional engineer to be able to discuss this reasonably with, I can pull <br /> 8 out numbers, too, and we can discuss numbers, but I have no understanding what the traffic impact analysis the math and <br /> 9 the data behind it. If you're not a professional engineer, I find it hard that you'd understand the math and the data behind <br /> 10 the impact analysis. That's my impression, I don't know how you could argue that the engineer was wrong if you're not an <br /> 11 engineer. <br /> 12 <br /> 13 Beth Bronson: I don't know that there necessarily, I don't know what is going to be presented. I would just say that based <br /> 14 on the presented information this person has standing as a homeowner with the vicinity who believes that they would suffer <br /> 15 special damages through their personal property car, home, otherwise. They have an expert knowledge of the area <br /> 16 because they have been licensed in this area. <br /> 17 <br /> 18 Jeff Scott:As I've seen in the past is that there's also the allowance for prodding documentation of the impact. I've seen in <br /> 19 the past where someone has photos, if they have videos, if they have documentation of,for example, stormwater runoff in <br /> 20 the particular area where they might be impacted on their property. That's established standing. In this case it sounds like <br /> 21 if there is a video, and it is related to this that is potential for being developing standard. But again, I don't understand if we <br /> 22 need to qualify that video before we establish the standing. <br /> 23 <br /> 24 Leon Meyers:Just reminding board members that for the purpose of deciding standing in the particular case of asserting <br /> 25 special damages,the witness has to demonstrate with competent material and substantial evidence that there would be a <br /> 26 diminution of property as a result of some piece of the project. <br /> 27 <br /> 28 Jeff Scott: So in that instance, do we have to have that evidence before we allow that to proceed, right? <br /> 29 <br /> 30 Leon Meyers:You have to have the evidence of a diminution of property value in order to establish standing for the <br /> 31 perspective witness. We have a motion on the table. Do we need to deal with this motion or can we ask a question now? <br /> 32 <br /> 33 Beth Bronson: I will withdraw the motion so we can continue to discuss. <br /> 34 <br /> 35 Nathan Robinson: So are you asking, Jeff, if she has that video? Is that the essence of what you're asking? <br /> 36 <br /> 37 Jeff Scott: Basically,yes. If you're not a professional engineer or a real estate appraisal, you know, obviously an affiliation <br /> 38 with CPAs and accounting. But again in my mind, that does not necessarily qualify you to be an expert in traffic patterns or <br /> 39 what not. However, if you do have a video and/or potentially if you are a property owner directly adjacent to that property in <br /> 40 my mind that could potentially establish standing. <br /> 41 <br /> 42 Leon Meyers:Just a reminder that special damages has to relate to a diminution in property value.You would have to <br /> 43 make that connection,too, between the traffic impact, if there is one, and a possible diminution of property value. <br /> 44 <br /> 45 Adam Beeman: If you're going to provide documentation you'd need to have an appraiser or someone that determined that <br /> 46 your property value's going to be diminished based on this project. If you don't have that documentation, I kind of see it's <br /> 47 going to be difficult to meet Number 2. <br /> 48 <br /> 49 Amanda Godwin: Excuse me, how can you get that documentation before anything's been built? <br /> 50 <br /> 51 Adam Beeman: The drawings have been out,the plan has been out. You could've gone and got an appraiser to look at <br /> 52 your property and the potential project and say, based on what's going to happen I feel like your property is going to go <br /> 53 down in value. The applicant has provided or will provide testimony of an appraiser that determines that the values aren't <br /> 54 going to change well, aren't going to go down.You would have had to have an appraiser give you a report stating that this <br /> 55 is what's going to happen to your property. Then you could've came here and said this is what's going to happen to my <br />