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2005-12-02 TVURICH
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2005-12-02 TVURICH
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of oral argument. If the parties are agreeable to that, then thats fine. If the parties would like to <br />have, or see if they would like to stipulate to allowing any further, you know, visualaids for oral <br />argument. I dont know what the pleasures of the parties area. <br />ALAMEDA:Mr. Eger. <br />EGER:Mr. Torigoe, if I could address that point. My understanding -. <br />SALAVEA:Mr. Eger, could you use the microphone, please. <br />ALAMEDA:We want to remind you. <br />EGER:Im sorry, I beg your pardon. <br />ALAMEDA:Noproblem. <br />EGER:Mr.Torigoe,ifIcouldanswerthatquestion? <br />ALAMEDA:Sure. <br />EGER:Itsmyunderstandingfromreadingyourrules,RuleNo.4,relativeto <br />contested case hearing that what is before this body today are those issues that were raised in the <br />exceptions. There were no exceptions, except for mine. And I am disappointed that we are not <br />keeping with your own rules. But thats one of the reasons Im here, is that rule keeping seems <br />to have brought us into a difficult situation. And in the congested case hearing I raised this point <br />and suggested, and Mr. Vurich agreed, that he was being damaged by this. I can be more explicit <br />about that but perhaps its not appropriate at this moment. Were getting in trouble if we do not <br />follow your rules. <br />ALAMEDA:Mr. Torigoe, taking that into account, should we discount the evidence <br />that was presented? <br />TORIGOE:Well, so, I dont know if Mr. Eger is at this point objecting to the use of <br />consideration of that photograph that was held up. <br />ALAMEDA:Mr. Eger? <br />EGER:Mr. Torigoe, I have no objections to however many pictures he wants to <br />bring in. The point is that until you have an opportunity to really think about those jasmine, in <br />the picture that he has, just to give you a quick example, that jasmine is down into the area and it <br />th <br />covers a part of the stop sign coming onto Kaloli from 13Street.Ithasblockedtheentirearea <br />there, and you can see it in that photograph. I dont know what Mr. Vurich thinks landscaping <br />means,butitdoesnotallowjustawillynillyplantingofthisplantandthatplant,andgee,after <br />six years it didnt work so maybe Ill changea couple. That is not a landscaping plan by any like <br />ofreasons.AndsinceyoupassedyourownruleSection19,ithasbecomeexplicitwhat <br />landscaping should be about. So we have a definition of that word. <br />ALAMEDA:Excuse me. Mr. Torigoe? <br />9EXHIBIT B <br /> <br />
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