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<br />summary judgment). <br />Pllaintiff Terry Sadler appeared at the initial meeting <br />of the hoard at which the Spillers permit application was <br />considered. On that occasion he participated fully pre- <br />sented evidence and strenuously asserted his opposition to <br />the granting of the Spillers application (transcript pp. <br />10-39). No decision was then made as to granting of the <br />Spitler<.~ application. <br />At. a continued meeting of which plaintiffs had proper <br />and actual notices but at which plaintiffs failed to appea r <br />the board received additional evidence and rendered its deci- <br />Sion grainting the Spillers application. <br />~il1~9@Y_4E_ASS~ilMEyl <br />1. The alleged procedural errors at the agency <br />level were nothing more than minor irregularities which (1) <br />were fully waived by plaintiffs; (2) did not prejudice the <br />plaintiffs in the slightest degree; and (3) were not juris- <br />dictional. Plaintiffs have not even asserted that the alleged <br />irregularities caused them any prejudice. Therefore plain- <br />tiffs' claims are hypothetical and speculative and must be <br />denied. <br />-3- <br />