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Board reminds witnesses this is a quasi‑judicial hearing; testimony should focus on facts and standards

Buncombe County Board of Adjustment · December 12, 2024
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Summary

At the start of the meeting the chair outlined that hearings are quasi‑judicial, explained ex‑parte disclosure rules and instructed witnesses to present factual, standard‑based testimony rather than personal preference or unsupported opinion.

At the meeting opening the chair reminded attendees that the public hearings are quasi‑judicial and subject to rules similar to a court process. The board emphasized that its decisions must rest on competent, relevant, substantial evidence in the record and that members must disclose ex‑parte communications and avoid fixed opinions prior to hearing the evidence.

The chair instructed witnesses to "focus on the facts and the standards, not personal preference or opinion," while explaining that expert opinion is allowed when the witness is qualified and identifies the factual basis for the opinion. The reminder preceded the day’s evidentiary proceedings and was repeated before each quasi‑judicial case to ensure the record complied with due‑process expectations.