HomeMy WebLinkAbout2022 05 05 Hearing Examiner Order Denying Motion to Exclude Testimony of Mr. Siu 05.05.20221
From:Gary N. McLean
Sent:Thursday, May 5, 2022 9:10 AM
To:Helena Smith
Subject:ORDER -- Denying Motion to Exclude
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Order Denying Motion to Exclude Testimony of Mr. Siu
Mr. Nam Siu was identified as a potential witness for the appellants, regarding wetlands and wetland buffers on the
subject property. The applicant objected, submitting a Motion to Exclude Mr. Siu’s testimony, as wetlands issues were
not specifically raised in the Notice of Appeal. In their response opposing the Motion to Exclude, it appears as though the
appellants have modified the subject matter of Mr. Siu’s testimony to limit his potential testimony to how wetlands and
their buffers relate to ¶ 22 of the notice of appeal, regarding wildlife habitat, noting that a typo in Appellant’s witness list
inadvertently referenced ¶ 21 of the Notice of Appeal, which mentions aesthetics. Appellants confirm that Mr. Siu will
not testify about aesthetics.
Based on the pleadings and the Notice of Appeal, the Examiner denies the motion to exclude Mr. Siu as a witness, but his
testimony should be limited to issues raised in the appeal, in this instance – wildlife habitat – and straying from that
subject matter with too much focus on wetland concerns may serve as a valid basis for opposing counsel to object based
on relevance or otherwise.
This ruling is issued in email form, to expedite transmittal to counsel for all parties of record.
Gary N. McLean
Hearing Examiner