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23 <br /> 1 Court decide who is ultimately going to pay the penalty <br />• 2 assessed, cahether it be the heirs -- <br /> 3 MR. S9ATSON: If I may, John Watson. One <br /> 4 of the questions that we will ask the board to resolve <br /> 5 on the record for our purposes and the purposes only <br /> 6 to be one of the focuses of the District Court on t9r. <br /> 7 Sullivan's concern. At the time of when P4r. Ellis <br /> 8 Webster in January was before the board, an entity <br /> 9 called Webster Sand and Gravel at that time existed <br /> 10 only as a trade name. It was not a corporation. It <br /> 11 wasn't a separate legal entity except as that legal <br /> 12 entity exisL-ed in rllis Webster. "hat entity died with <br /> 13 A7r. Webster. So we are in a significant degree of <br /> 14 confusion as to which entity is Webster Sand and Gravel, <br /> 15 the Estate of Ellis Webster, Charles Webster, Mrs. <br /> 16 Webster, who is responsible for the pit, who is responsible <br /> 17 for the application, who will receive and who is <br /> 18 responsible for a civil penalty. We would request that <br /> 19 the board make a statement as to if this is an assessment <br /> 20 and I hope that if there is an assessment, it perhaps <br /> 21 could all be suspended because we paid $5,000, we would <br /> 22 ask for a statement for what purpose the civil penalty <br /> 23 is made and as to what pit that covers and we can take <br /> 24 that to the District Court and that ultimate question <br />• <br /> 25 can be resolved. <br /> t«.et:+~ <.ah~re~rr« s :fesnrfa rt:v !c, <br /> (r.ulu~d ShmdranJ Frp+~n rn <br /> !)IO C4rrrn Jlr H~m/ <br /> L« lnnn. CnlnmJ~i ,Sn l; I <br /> 30 i : ~ l ~.YIR+ <br /> <br />