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Board of Appeals denies rehearing request in WellCare Acupuncture case after dispute over sworn testimony

Board of Appeals for the City and County of San Francisco · December 10, 2008
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Summary

The Board of Appeals on Dec. 10 denied a rehearing request for WellCare Acupuncture at 4726 Gary Blvd., 3–2, after the appellant’s attorney argued the Planning Department presented unsworn testimony and new file entries; Planning staff and the city attorney said no oath was required and the file additions did not prejudice the case.

The Board of Appeals for the City and County of San Francisco on Dec. 10 denied a rehearing request filed by the appellant in an enforcement action at 4726 Gary Boulevard, voting 3–2 to refuse rehearing.

Attorney Paul Horcher argued the Planning Department’s enforcement file had been supplemented after his client reviewed it and that senior planner Tina Tam had not given testimony under oath at the October hearing, which he said prejudiced the appellant and warranted…

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