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Petitioner Boyle and Attorney Berg continued to argue that this issue was not a <br /> procedural matter. Attorney Berg stated that the real issue was on the substance. <br /> Chief Deputy Mickey Umphrey advocated for Property Appraiser David Nolte in <br /> his absence, regarding the assessment placed on Mr. Boyle's previous homestead in 2009, <br /> explaining that one sale does not make the market. <br /> Chairman Flescher opened the floor for Board discussion. <br /> Citizen Member Spytek said she saw very valid reasons why the petitioner <br /> wanted to bring this forward, and she definitely thought there was some ambiguity in the <br /> Statutes; the law was not clear. Unfortunately she said, her role as a VAB member was not to <br /> interpret the law; it has to be done by the Courts, and she had to deny Mr. Boyle's request. <br /> School Board Member Johnson was not going to state her vote, but she pointed <br /> out that the Board was not allowed to make law, and she felt that was an important issue. <br /> Citizen Member Weise stated he would like to see this issue go back to another <br /> • Special Magistrate for reconsideration. <br /> Chairman Flescher reviewed some options available to the Board: to adopt the <br /> conclusions reached by the Special Magistrate to deny relief, and approve the "rationale"of the <br /> findings of fact and conclusions of law used by the VAB Attorney, or to table the matter until <br /> they have a full Board present. <br /> MOTION WAS MADE by Citizen Member Weise to <br /> remand this Petition back to a Special Magistrate for <br /> reconsideration. Motion Died for lack of a Second. <br /> MOTION WAS MADE by Citizen Member Spytek to <br /> adopt the Special Magistrate's recommendation to deny <br /> relief to the Petitioner. Motion Died for lack of a Second. <br /> • <br /> 2010 VAB FINAL MEETING 5 <br /> March 10,2011 <br />