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Draft <br /> 1 requirement before considering a continuation. <br /> 2 <br /> 3 Nathan Robinson: Well, I'm looking at the doc, the short answer is yes but it's based on my understanding of the <br /> 4 statutory requirement for standing parties and new parties, they call witnesses and parties have to <br /> 5 have standing. So, if only a party who has standing can introduce documents and make a legal <br /> 6 argument and make a request, then one would have to have standing in order to have something <br /> 7 that we can react to from my understanding. Mr. Bryan, is this accurate? <br /> 8 <br /> 9 Leon Meyers: If I understand you correctly, Mr. Hugelmeyer, you're really not asserting standing, you're <br /> 10 requesting that the board continue the hearing? Do I understand you correctly? <br /> 11 <br /> 12 Michael Hugelmeyer: I have no problem with asserting standing in my expertise in real estate. I'm asking for a <br /> 13 continuation to allow us to get more information together. <br /> 14 <br /> 15 Leon Meyers: Well, and you just heard Nathan said that your standing is a requirement in order to get to the <br /> 16 continuation. <br /> 17 <br /> 18 Nathan Robinson: Is that accurate, Mr. Bryan? <br /> 19 <br /> 20 Michael Hugelmeyer: So, then I'm most definitely asking for standing. <br /> 21 <br /> 22 James Bryan: Yeah, only someone with standing can make requests of the board. The board; however, can <br /> 23 make motions on its own. So, for instance, parties can ask for subpoenas and the board can <br /> 24 subpoena themselves if they want. <br /> 25 <br /> 26 Leon Meyers: So, is it correct to understand that the board could consider then a continuation without a witness <br /> 27 standing requesting a continuation? <br /> 28 <br /> 29 James Bryan: Yes. <br /> 30 <br /> 31 Nathan Robinson: We could do it unilaterally if we chose to do then? <br /> 32 <br /> 33 James Bryan: Yeah. <br /> 34 <br /> 35 Nathan Robinson: Okay. <br /> 36 <br /> 37 James Bryan: I should warn that there is some nuanced difference because of the fair trial standards. You <br /> 38 wouldn't want to do it arbitrarily. You wouldn't want to do it capriciously for one person not against, <br /> 39 but if you would have some rational basis for it then that would be fine. <br /> 40 <br /> 41 Leon Meyers: Okay. So, where we should go from here? <br /> 42 <br /> 43 Beth Bronson: The rational basis to my opinion would be that the entirety of the neighborhood is feeling that they <br /> 44 are here to represent, and they have asked one gentleman to represent themselves. Official, <br /> 45 unofficial, this man has become the representative and then has asked somebody with expertise to <br /> 46 come up and speak for them. So, in the sense that it does not need to be official or that he does <br /> 47 not need to be a lawyer, that is meant to consider and for us to discuss. With that said, I think that <br /> 48 the fact that this is an expansion of an existing permit would really speak to the fact that this was <br /> 49 addressed when the original SUP was issued and discussed. You guys know how I feel about <br /> 50 standing and what it requires and what it doesn't require. Should there have been any evidence <br /> 11 <br />