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57 <br /> Board of Adjustment <br /> ORANGE COUNTY FAQ for Standing and Parties <br /> NORTH CAROLINA Case: <br /> Background <br /> Only Parties may call witnesses, introduce documents, make legal arguments and <br /> objections. NC law requires that Parties have Standing which is defined in NC General <br /> Statute 16013-1402(c). Individuals seeking to be recognized as Parties are highly encouraged <br /> to seek independent legal counsel. Note that N.C. Gen. Stat. 84-2.1 and 84-4 prohibit the <br /> unauthorized practice of law, including representing others in these matters. <br /> Frequently Asked Questions <br /> 1. Can anyone sign up and speak before the BOA? <br /> No. There is not a public comment period like with a general rezoning or similar matters. <br /> The BOA holds evidentiary hearings like a court would. Only "parties" may call witnesses <br /> who then testify before the board. <br /> 2. 1 received a letter from the County, does that mean I have certain rights? <br /> No. The letters are notices of the proceeding but do not indicate any right to participate. <br /> 3. What is the point of a Neighborhood Information Meeting? <br /> The NIM is a chance to interact with the applicant. The County staff does not participate. <br /> This may be a good opportunity to learn about the project and see if further action (such as <br /> hiring an attorney) is warranted. <br /> 4. Should I hire an attorney? <br /> The County always recommends seeking independent legal counsel when your property <br /> rights may be impacted by an SUP application. <br /> 5. Will I have to hire other experts? <br /> Very often other experts are required. These are frequently engineers or real estate <br /> appraisers. <br /> 6. 1 have some relevant information, how can I best get this information to those that need to <br /> see it? <br /> The two best ways are to get that information to either the County planning staff or <br /> someone who will be a Party with Standing before the BOA. Since the staff work on their <br /> review early in the process, it is important to get them this information as soon as possible. <br /> Otherwise, a Party with Standing may call witnesses who may testify about things they <br /> have personal knowledge of (such as things they have seen themselves) if it is relevant to <br /> one of the standards being reviewed by the BOA. <br /> Rev 23 11 16 <br />