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8 Draft
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<br /> 2 Beth Bronson: Okay. Now, I guess, that would be next question is to ask the person who does hold that
<br /> 3 easement if she has a copy of it with her tonight. You can take a minute to check, not a
<br /> 4 problem. That would just, and for me, again, where I stand — James, you can correct me if
<br /> 5 this is out of order, but if every single person who signed up tonight has the same situation, 1
<br /> 6 think we just need to address it together, or somebody else is raising their hand.
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<br /> 8 James Bryan: Let me step back first to say with standing, it's usually special damages is what you have to
<br /> 9 have. With standing, it's usually special damages. That's how you show it. You can have an
<br /> 10 interest in the property, and that can be an easement. I don't know, and it hasn't been
<br /> 11 presented to the Board of what the specifics in this case are. It could be if you would think of
<br /> 12 two extremes, perhaps, and these are just hypotheticals, that people have got an easement
<br /> 13 on this parcel, and you could look up the parcel identification number and say,oh,yes. You've
<br /> 14 got a right to something on that property. It could be,also,that this road is a separate property
<br /> 15 and it might be a contractual agreement to maintain but not be an easement. Who knows.
<br /> 16 You guys can see that if you want. And then, I'll go just because it's been talked about some
<br /> 17 about this idea that the chicken and the egg and that type of thing about, do you do standing
<br /> 18 first, or do you consider continuances? Generally, it's in the Board's discretion. There is
<br /> 19 nothing in your rules of procedures. There's nothing in the UDO. There's nothing in the
<br /> 20 statutes about it. It's such a rare case I've been doing this many years, and it doesn't come
<br /> 21 up very often except for the case of just neighbors wanting a continuance. You guys have
<br /> 22 had that many times in the past, and what you have routinely said is that you're going to abide
<br /> 23 by what the standards are is the fair trial standard, so you have to give people a reasonable
<br /> 24 opportunity to participate. It's assumed that the statutes and the ordinances are that
<br /> 25 reasonable opportunity, and as Cy mentioned, the local LIDO exceeds the state statutes for
<br /> 26 that period. If you were to, within your discretion, allow a continuance for a reason, you do
<br /> 27 need a reason. You need to be reasonable. You can't be arbitrary or capricious, so arbitrary
<br /> 28 means that there is no reason. I can't tell what you're going to decide one day or the next.
<br /> 29 So that's the consistency thing goes to that, and capricious means it doesn't matter who's up
<br /> 30 there. So,just because I'm ugly doesn't mean that you're going to do this against me. But it's
<br /> 31 within the Board's discretion whatever you think is reasonable. So, going this route, doing
<br /> 32 standing is just fine. Sorry to belabor the points, one last thing about having an attorney,
<br /> 33 people do have a right to an attorney. There are instances where, like, if you get fired and in
<br /> 34 your employment hearing, you might not have the right to an attorney. They'll say, no, your
<br /> 35 attorney is not allowed in here. Here, your attorney's allowed in. You don't have a right to be
<br /> 36 appointed an attorney, have that paid,or anything like that. Representation is also the practice
<br /> 37 of law. So, nobody else other than an attorney can represent somebody. You guys are all
<br /> 38 quasi-experts in this, so if you've got a cousin in Caswell County, and says, hey, can you do
<br /> 39 that? Don't go to the meeting for them because that's criminal. But there's no rights that you
<br /> 40 have to respect for the attorney.
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<br /> 42 Beth Bronson: Okay.
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<br /> 44 Leon Meyers: Board members, some additional information from James about the order of business here of
<br /> 45 whether we continue down this path of establishing standing or consider a continuance. Any
<br /> 46 fresh thoughts about that?
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<br /> 48 Kyle Myers: I do have a question for staff as it relates to standing and the prior applicant who doesn't have
<br /> 49 legal representation here. Can staff confirm that Dodson Knoll Road is owned by PIN
<br /> 50 Identification No. 9850-09-9116?
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