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5 Draft <br /> 1 Steve Staten: Okay. And could you specify more specifically what that means for the rest of us that are here? <br /> 2 What was standing mean again? <br /> 3 <br /> 4 Leon Meyers: There are four ways and I'm going to ask the attorney to help me with this, but there are essentially <br /> 5 four ways for a witness to establish standing as a party to the case. One is being the applicant or <br /> 6 the owner of the property or a licensee of the property or otherwise with a legal relationship to the <br /> 7 property. Another is standing as a representative of a homeowner's association that was <br /> 8 established before the hearing and as a spokesman of association as long as that person is a party <br /> 9 with potential special damages. And, James, I'm going to ask you to fill in the other two potentials <br /> 10 for standings and help us with special damages, please. <br /> 11 <br /> 12 James Bryan: Yeah. No, that was great, very impressed. So, the other one is the local government, so Orange <br /> 13 County, and then the last one is anybody with special damages. This comes from Chapter 160-D <br /> 14 of the North Carolina General Statutes, Section 1402 Subsection C.And special damages, of <br /> 15 course, as you all know case dependent. It could be anything from noise to fire to light to odor, <br /> 16 anything that would impact another property. Proximity can be a factor but alone is insufficient to <br /> 17 establish special damages. <br /> 18 <br /> 19 Steve Staten: Thank you. So, on the second one, a representative of a homeowner's association. Is that what <br /> 20 you said? <br /> 21 <br /> 22 Leon Meyers: It is an association established before the case was filed. <br /> 23 <br /> 24 Steve Staten: Okay. So, let me ask you this, this is more of an organic place that I have fulfilled that role in our <br /> 25 neighborhood. Everybody here would agree to that. We needed to spend a good deal of money <br /> 26 on our road. We have a gravel road. I ran point for that with our neighborhood and we have like <br /> 27 14 different properties on our road, and I facilitated a lot of emails but also at least one meeting <br /> 28 with her. And in fact, the meeting went very, very well, very successful. So, do I qualify in that <br /> 29 sense? <br /> 30 <br /> 31 Leon Meyers: It would need to be a homeowners association established before the case was filed and you <br /> 32 would need to be the designated spokesperson for that homeowner's association, and you would <br /> 33 also, I believe, need to establish special damages for yourself. Is there a homeowner's <br /> 34 association? <br /> 35 <br /> 36 Bill Weidner: It's an association but it's not an incorporated homeowner's association. <br /> 37 <br /> 38 Steve Staten: We didn't use the language you're using but I was the guy, you know. <br /> 39 <br /> 40 Leon Meyers: Maybe I should ask the board about Mr. Staten's standing. <br /> 41 <br /> 42 Nathan Robinson: I'm reading, according to this it says, an incorporated and unincorporated association. So, who <br /> 43 has been cooperated to protect, is being organized to protect and foster the interest in a particular <br /> 44 neighborhood. So, it sounds like that you are not incorporated but it sounds like you existed for the <br /> 45 purpose of protecting and fostering in the interest of a particular neighborhood. And if I'm reading <br /> 46 that, am I reading it accurately? <br /> 47 <br /> 48 James Bryan: So, you are only reading part of it. The last clause of that is that is the association was not created <br /> 49 a response to the particular development or issue that was the subject of appeal. And I think that <br /> 50 was what Leon's point was. <br /> 5 <br />