mr. hallinan jr., and i mean that respectfully, suggested that the brief they had submitted dealt with the issues, first of the deadline, january 21, 2009 deadline, whether that had been breached and whether the zoning administrator had acted properly when he later -- and all of this has been confused by the fact we have had two letters of determination. it is unfortunate in happened, but it happened. iso i think the board is thoroughly dealt with the issue of whether the deadline had been met, the question about whether they could have -- tracked this. even though they had a threatening letter from public justice, they could have gone ahead and applied and not open their m.c.d. until that threat had been updated. then we got into the issue of even if they were still alive, because of these extraordinary circumstances, the government all action that was beyond their control, did abandonment happened? i think we went to that fairly and there was a fair amount of evidence naively or otherwise, the gentlemen who apply for this permit proceeded in a way that would lead one to think he had othe

mr. hallinan? >> 3 1/5 divisadero. the reason we are requesting a rehearing on this matter is at the prior hearings, we prepared our argument and analysis based primarily upon the zoning administrator's basis for originally denying the request, which was the abandonment and that we had not complied with the january 21 deadline for completing the permit. however, it became very clear during the board analysis and discussion after the hearing that there was another issue, a key issue they were considering, and that was whether or not mr. hunt proposed the reopening of the dispensary and was going to change the character of the dispensary and we would no longer offer the same type of vital patient services that were integral in the operations. there were a number of issues presented at that hearing, and i also pointed to other issues in the brief that i felt this was a key issue that the decision was based upon. mr. hunt, pardon me, a lot of this information was provided at the public hearing by the prior dispensary opera