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CLARKSON: Well, that should be pretty easy to find out. <br />DARROW: We've been doing our research, and it's not clear. We have people within our <br />office that were able to review those documents, and they said they could not come up with an <br />identified legal access in the documents. <br />CLARKSON: Okay. <br />DARROW: So, it could have, I mean, it could have just been something overlooked when that <br />issued happened with the highway coming in and the relinquishment of the particular private <br />road. <br />CLARKSON: Is the landowner actually using that road to access his property? <br />DARROW: That's our understanding. So, he must have access through that gate. <br />MARTIN (from audience): He's here. <br />STEVENS (from audience): Yeah, I'm the owner of the property. <br />CLARKSON: Okay. And, are you prepared to present evidence today that you have legal <br />access, that you can grant to the Applicant? <br />STEVENS (from audience): [Inaudible.] <br />HALL: Oh, please come to the microphone. <br />MARTIN (from audience): Can we just come? <br />STEVENS: Do I need to do the swearing in thing? <br />CLARKSON: Please actually, please raise your right hands. Do you swear or affirm to tell the <br />truth on this matter before the Commission today? <br />STEVENS: Yes. <br />MARTIN: I do. <br />IOSUA: [Walking up with right hand raised.] <br />CLARKSON: So, the question before the Commission is basically as I understand from the <br />Director is whether to proceed on a conditional basis and assume that it's somewhat likely that <br />you will be granted access since we've already had hearings and everything. On the other hand, <br />if it's not at all likely that you will be given access, then the application should have never been <br />received by the Planning Department, and we should continue it until it is. So, let me ask the <br />EXHIBIT D <br />3 <br />