let's say you already operate of food facilitiey, and when you start to operate there is a similar operation within 300 feet. it would seem unfair that someone could open a facility and put you out of business. i would have trouble with that. it does not seem this particular permit holder did anything irregular, and it seems to me in every way his permit is valid in terms of the problems raised by the appellant. we know there is no elevator there. we know the sidewalk is wide enough not to have an affect on pedestrian traffic. the fact there is trash, the problem has to be solved now by making sure those people already operates there. the way that is might have nothing to do at all with these facilities. i am torn as to whether or not to uphold this, because we have new information where someone who was maybe purposely misled. they should have known this operation would be applied for, and this operator was going through great expense to be there, so i would like to hear what their thoughts are. >> i have a question for the permit holder. can you tell me what you knew about the place on the