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2006-12-06 tsunstone
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2006-12-06 tsunstone
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SIRACUSA: Yes. Well, Mr. Lim already said that basically he accepts the <br />exceptions that Mr. Yuen wrote to the hearing officer’s report. I was wondering at what point do <br />we ask Mr. Yuen if he accepts Mr. Lim’s exceptions, and at what point do we ask Mr. Hardy- <br />Sullivan about his take on both sets of exceptions. So, I’m looking for a level playing field and <br />to get everybody’s take on this question before we proceed further. <br />ALAMEDA: Mr. Torigoe? <br />TORIGOE: There’s different ways you can do it. You can just ask each party for <br />kind of overview what their position is on these things, and then allow them to go into more <br />detailed final argument. <br />SIRACUSA: Can I do that now then? <br />ALAMEDA: Sure. So, Mr. Lim, can we move forward to the Director and see what <br />he has to say about the exceptions, and then ask Mr. Hardy-Sullivan as well? Okay, so, Mr. <br />Director? Oh, ma’am? <br />SELF: For the record, Amy Self, Deputy Corporation Counsel representing <br />the Planning Director on my left. I don’t think you’ve sworn in the Planning Director yet. Chris <br />Yuen? <br />ALAMEDA: In earlier meeting we swore him in, okay? <br />SELF: Okay. We have no objections to the applicant’s exceptions to the <br />hearings officer’s report. <br />ALAMEDA: All right. <br />SIRACUSA: Okay, thank you. Mr. Hardy-Sullivan, it’s your turn. <br />HARDY-SULLIVAN: Our contest with the application is prior to the point of any final <br />Findings of Fact or any exceptions, the hearing was not held, it was very irregular, the process <br />was somewhat unethical and possibly illegal. So, when it was stated that by Corporation <br />Counsel that this is not standard procedure, nor was our special hearing on any aspect, and we <br />can attest that, and that’s why the petition has been filed. That’s why we did not file our <br />Findings of Fact because by doing that, we would have affirmed the special hearing procedure. <br />It was unfair, it was not impartial. We have testimony to that. My partner, Mr. Rusalavitch, is <br />not here at this time; he has a family emergency in Chicago. But we would like to bring this up <br />in court, and all we requested was the opportunity for a fair hearing. We haven’t even got to the <br />point to where any conclusion of the Findings of Fact or exceptions or anything, as far as you <br />yourselves are concerned. We have very relevant statements of issues that many not considered, <br />and the procedures of Ms. Song were very, very inappropriate. And so, at this point the <br />intervenor’s position would be to defer this until a hearing can be held as to for up or down, as to <br />if the procedures were correct, and at that point if we have to deal with the findings and <br />conclusions, we will at that time. But in the meantime that’s why I think every citizen ourselves <br /> EXHIBIT B <br />8 <br /> <br />
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