Leland Mahan: Direct Examination Nov. 30, 2011







Excerpt of testimony from the hearing in the above-entitled matter, taken on Wednesday, November 30, 2011, at 11:20 a.m. before Judge Julia Taylor Cannon, held at the Loudoun County General District Court, Courtroom 2-F at 18 East Market Street, 4th Floor, Leesburg, Virginia 20176.

Q     And did you represent an entity NCW XIII – forgive me if there’s a different way to say it – Oxford DTC Real Estate, LLC, doing business as the National Conference Center?

A    I did.

Q     — did you appear on or about June 28th, 2011, before the Board of Equalization?

A             I did. I was – I think two representatives of the National Conference Center were present with me, as my clients.

Q     And could you tell us what happened at that session on June 28th?

A     Well, I appeared with two representatives from the National Conference Center, and we were situated – the room was laid out, and there were two tables. I sat at one table, and the County and its representatives sat at the other. And then we sat in front of the panel of Board members. There were five, as I recall.

And to our left – I was on the left, and the Chairman was to the left. And then we were —  was making a presentation, and there were questions from the Board of Equalization. The County had questions. And there was debate going on, and – you want me to tell the rest?

Q     Yeah, sure.

A     And then someone took a picture to my right. And there was one or two chairs in there, other than what was set up for the hearing. And this person was sitting in a chair and took a picture. And I looked, and I proceeded with my presentation. And then later there was a second picture that was taken, and that’s when the Chairman interrupted the meeting and asked her, did she have advance permission to take a picture, I believe – words to that effect. And I can’t remember what her response was, but –

Q     Okay.

A – I gather her – his reaction was that – her response was such that he felt like that she –

Mr. McClure: Well, Your Honor –

THE COURT: I think you can’t testify to what he felt.

By Mr. Flannery:

Q     Okay. Well, tell us what you observed.

A      What I observed was that his response was that, which would indicate to me that she indicated that she didn’t have prior approval, and he felt like therefore she wasn’t allowed to take the picture because she didn’t have prior approval. That was – in essence, were his comments.

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