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I <br />I <br />I <br />r <br />\ <br />I <br />I <br />I <br />I <br />I <br />i <br />t <br />I <br />1 respond to the question as asked, so I was not <br />2 able to anticipate an objection. I move to <br />3 strike that answer as nonrcsponsive. <br />4 BY MR. Mc C arthy : <br />5 Q. Mr. Searles? <br />6 A. Do you want me to explain my answer? <br />7 Q. Mr. Searles, let me ask some questions <br />8 here. <br />9 A. Okay. Go ahead. <br />10 Q. The Woodhill Country Club in 1968 <br />11 constituted a property in excess of 150 acres, is <br />12 that right? <br />13 A. Yes. <br />14 Q. And in moving for its conditional use <br />15 permit, would it have been your practice as a <br />16 council member to review its application? <br />17 A. Yes. And I believe it was reviewed in a <br />18 conceptual manner at that time. And this is my <br />19 recollection of it. <br />20 Q. And 1 want to ask you. as you looked at <br />21 this photograph •• not photograph. <br />2 As you looked at this hand-drawn portion <br />23 of the application in 1968, what was your <br />24 understanding then as to what the drawing of the <br />25 driveway off to the left of the page indicated? <br />SCLAFANI WILLIAMS COURT REPORTERS, INC, <br />SARASOTA, FLORIDA (941) 954-0020 <br />1 conditional use permit for Woodhill Country Club to <br />2 function as golf course and country club, you then <br />3 continued to serve on the council until *71, and <br />4 then on the planning commission from 71 to 73, <br />5 and mayor from 73 to 76. is that right? <br />6 A. That’s correct. <br />7 Q. Did you. when you were on the council or <br />8 when you served as mayor or when you were on the <br />9 planning commission, ever suggest that Woodhill <br />10 Country Club needed an amendment to its conditional <br />11 use permit to either discontinue use of <br />12 Woodhill Avenue access or to open use of the road <br />13 to Woodhill Avenue access? <br />14 A. 1 have no recollection of the subject ever <br />15 having come up. <br />16 Q. Was it your - <br />17 In connection with the permits that you <br />18 moved approval of, did you understand that the <br />19 Woodhill Country Club would have to seek City <br />20 approval to either raise or lower a chain across <br />21 cither of its driveways? <br />22 MR. GREENE: Objection, calls for <br />23 speculation, lack of foundation. <br />24 A. No, there's no such - I have no <br />25 recollection of any such view by the City of Orono. <br />SCLAFANI WILLIAMS COURT REPORTERS, INC. <br />SARASOTA, FLORIDA (941) 954-0020 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />A. Well, it was just the driveway within the <br />Woodhill property that attaches to Woodhill Avenue, <br />and that was obvious to all of us. It wasn't even <br />a subject of discussion. <br />Q. When you moved to approve the permit for <br />Woodhill Country Club, was it your intent to change <br />in any way the access to Woodhill Avenue? <br />MR. GREENE: Objection, lack of <br />foundation, legislative intent. <br />A. No, there was no intent to change the <br />Woodhill Country Club, the use of its property or <br />its accesses. And this is a specific memory. <br />13 BY MR. Mc C arthy : <br />14 Q. Can you describe for me, when you say the <br />15 word "Woodhill Country Club's access." as what you <br />16 mean? <br />17 A. Well, I mean the access to 15 and the <br />18 access to Woodhill Avenue. Those are the two <br />19 accesses. <br />*20 Q. Would it be accurate to state that in the <br />21 permit that you moved approval of, there is no <br />22 limitation on Woodhill's use of - Woodhill Countiy <br />23 Club's use of Woodhill Avenue? <br />24 A. There were no limitations. <br />25 Q. Now, following the approval of the <br />SCLAFANI WILLIAMS COURT REPORTERS, INC. <br />SARASOTA, FLORIDA (941) 954-0020 <br />BY MR. Mc C arthy : <br />Q. Did the City of Orono ever tell Woodhill <br />Countr>- Club, during the period that you were <br />involved in the city government, that it had to use <br />either one of the driveways a certain number of <br />times per year or decade in order to continue to <br />use the road? <br />A. I don't have any recollection of such a <br />communication. <br />1 <br />•7mm <br />3 <br />4 <br />5 <br />6 <br />•7 <br />/ <br />8 <br />9 <br />10 Q. Did you ever tell that — <br />11 Are you aware of ever having told that to <br />12 any property owner in the City of Orono during your <br />13 years in city government? <br />14 A. 1 don't have any recollection of such an <br />15 action. <br />16 Q. After you left city government in the late <br />17 1970s- <br />18 In this lawsuit we have had various <br />19 witnesses and looked at various documents, which 1 <br />20 think I could fairly summarize as some complaints <br />21 from Mr. Wagoner, who owned property next to <br />22 Woodhill, about use of Woodhill Avenue in the 1978 <br />23 to 1980 time period. <br />24 And my question is: Were you personally <br />25 involved in any of those discussions? <br />SCLAFANI WILLIAMS COURT REPORTERS, INC. <br />SARASOTA, FLORIDA (941) 954-0020