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Oliphant cont: ought not to be :rorced into court. , certainly is broad enough to encompass this kind of course of action is legally sound. Since we appear but at the request of your City attorney. On those . motion be denyed. Albert: lVlay 1 respond? The only way any motion could be heard by me is for me to intervene and ask to be party to this proceeding. Othervlise, 1 don't think 1 would have any right here to be heard on a motion in the first place. By submitting in front of the court myself jurisdiction of the court does not mean there's a justifiable cause or or that 1 agree that there is a justifiable cause in front of this board at all. The only way I can argue the point is to come in here and make a motion to that affect and therefore, in a court room which this is not. This is a judicial appearance. If 1 were to complain about the jurisdiction, 1 would merely file a special appearance or a special motion for a need to intervene for special purposes. But this is not being ruled by the strict rules of the court. It is being governed as a judicial body. The only way you could officially hear me is for me to make that appearance regardless of the motions 1 made. The question whether you have jurisaiction can be raised at any time by anybody. ~ I thinK the statute as it is written action. I also believe that this this evening, not on our own request three basis, I would ask that this Goodrich: ~ ~hink ~hat tne ~uportant poin~ here ~s ~hat th~s is not a JUdicial hearing that the board. has convenea. tne Ci-~y nas acceptea tne appeal that the petitioners have presented and ~t ~s my understanding that the Uity wants to hear What the petit~oners have to present. ~ recommend to the cnall tnat the proceedings continue. If at a .Later date, ~~. ALbert, the petitioner, the or~g~nal pet~t~oners on the appl~cation has any motions to maKe in regard to this decision that this board maKes at that time, that he appeal to a court of jur~sa~ction that the Boara has made an erronous decision, and, therefore, I recommend to tne Council of tne Board taKe the testimony tOIlight and proceed. Albert: You l'11ould not object to the renewing of the motion if we had no testimony? . Goodrich: Certainly not. That would be your right. Cox: At this time, do you have anyone you would like to present. Prior to this I will be having some input into this in regard in asking some questions. Make this as comfortable arrangement as possible. So the attitude and feeling is not as a council but as a Board of Adjustment. For listening to you in a different approach entirely, and I would like the mayor pro-tem to proceed with the directing of discussion. Gorham: I have been named in this petition in numerous places, and as I see it, there are no facts and no evidence that has been brought forward as to the conflict of interest, and if the remainder of this board of adjustment feels that there could be a conflict of interest with their recommendation, I will step down. Cox: At that point, what decisions, what vote does it take to make a decision by an appeal. Goodrich: Neither the statute or the ordinance require more than a majority vote. Therefore, you'd have three votes left, and then, there would be two/thirds of that vote. If that would occur. But there is no 2/3 requirement of the Boards members for the decision to be made by the Board. Cox: That would be 2/3 then? But it wouldfl't have to be the entire; yes, I see what you mean. Goodrich: Yes. There is no full requirement. Other than the majority for the entire .Board or whichever part of the Board is remaining to act. Cox: I have no objection having Mr. Gorham remaining as far as I am concerned. How does the rest of the council feel? CAN'T HEAR