2026-05-12 Appellant's Memorandum in Opposition to Motions to Dismiss (PL-BOA-2025-000119 & 121)

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The Board of Appeals' Hearing 50. On December 9, 2022, the Appellee Board of Appeals held its first hearing on the Ford Appeal and the Gage Appeal. (Dkt. 32, JEFS page 16, ROA 522-524; Dkt. 32, JEFS page 16, ROA 525-547) 51. At the start of the hearing, the Appellee Board of Appeals addressed the Appellees Neal and Zanone's motion for summary judgment. The Appellees Neal and Zanone grounded their argument on the "Rosehill Cases" as they had in their written motion. (Dkt. 32, JEFS page 20, ROA 533-534, 537-538) 52. The Appellants Ford, et al. reasserted their position set forth in their written objections and the Appellants Gage likewise reasserted their position set forth in their separate written objections. (Id. ROA 535, 536, 538) 53. The Appellee Board of Appeals then voted to convene an executive meeting that was closed to the public. (Dkt. 32, JEFS page 20, ROA 539) is 20 54. After holding the executive meeting in both the Ford Appeal and the Gage Appeal, which lasted for approximately one-half hour, the Appellee Board of Appeals reconvened the public meeting and voted to grant the Appellees Neal and Zanone's motion for summary judgment in the Ford Appeal and in the Gage Appeal. (Id. ROA 540-542, 544-546) 19 Board member Wiseman stated, "At this time, Madam Chair, I'm going to move this summary judgment issue. I'm going to move for executive session. I need some - I think we should consult with our counsel on this matter. " (emphasis added) However, Mr. Wiseman did not describe what the "matter" was that had to be discussed with the Board' s attorney in an executive meeting. (Dkt.32, JEFS 20, ROA 539) 20 The Appellee Board of Appeals did not transmit the transcript of the executive meeting to the Court even though the Appellants have requested the same to be transmitted to the Court. (Dkt. 4 and Dkt. 13) 18