Laserfiche WebLink
REPLOGLE: Are your interest clearly distinguishable from the general public or government <br /> agencies whose jurisdiction includes the land involved. So, are you separate from all that and <br /> that they have some property interest in the land or lawfully you don't live on his land but. — <br /> DICKIE CLARK: No, I live on my land. <br /> REPLOGLE: — even though they do not have an interest different from the public generally, <br /> the proposed action will cause them this may be where you come in will cause them actual or <br /> threatened injury in fact. <br /> DICKIE CLARK: It depends on how you define injury doesn't it? <br /> REPLOGLE: If they had an open outhouse right on your boundary that could cause you injury. <br /> DICKIE CLARK: Well to my knowledge they have a cesspool of some sort on the setback on <br /> our mutual setback, 2 in fact. In addition to other buildings in my setback or in our setback and <br /> his actually encroached another building number twenty-one (21) actually encroaches on my <br /> property. <br /> REPLOGLE: Okay, that's what we're talking about. <br /> DICKIE CLARK: In addition, there is noise that comes from his operation of his business shall <br /> we say. <br /> REPLOGLE: Okay. <br /> CLARKSON: Mr. Chair? <br /> REPLOGLE: You're on the right track ma'am, if there is anything else let us know and then <br /> will continue. <br /> CLARKSON: Mr. Chair? <br /> REPLOGLE: Yes, excuse me Commissioner Clarkson? <br /> CLARKSON: Yes, I just have a question for Counsel, Ms. Hall? <br /> HALL: Yes. <br /> CLARKSON: I just wanted to ask whether being an immediate neighbor of an Applicant and a <br /> contiguous parcel is almost always by definition an interest is clearly distinguishable that of the <br /> general public? <br /> HALL: I think that's to the discretion of the Commission but, I will say that in many prior cases <br /> that has been what the Commission has found but, again it's up to you guys if you feel like that <br /> separates her from the general public or not and allows her to have standing. <br /> EXHIBIT B <br /> 4 <br />