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The following documents were presented, marked and entered into the record as exhibits: Ex. la-b Ex. 2a-c Ex. 3 Ex. 4 Ex. 5 Ex. 6 Two photographs of easement site Three photographs of logging road and easement site Motion for extension of the open record period Applicant's additional information statement and attachments December 27, 2002 cover letter from Norman R. Hill, with attached response to applicant's additional points and authorities, and notice of decision for P 99-1 Applicant's rebuttal No objections were raised as to jurisdiction, conflicts of interest, or to evidence or testimony presented at the hearing. Appellants objected to notice, saying that subdivision rather than partitioning criteria should have been provided in the notice of public hearing. This argument also implicates jurisdictional issues. The subject parcel and the parcel in P 02-22 are contiguous properties in the same ownership. Appellants point to the definitions of partition and subdivision in the MCSPO and MCZO, and argue that P 02-21 and P 02-22 are not two partitions, but one subdivision. Applicant contends that MCZO and MCSPO definitions conflict with state partition and subdivision definitions, and that state law supersedes local law. According to applicant, state law allows the proposed land division to be processed as two partitioning applications, rather than one subdivision application. If the partitioning proposals constitute a subdivision, different application requirements, criteria and standards, not included in the notice, would apply, and the notice would be defective. Also, the hearings officer would have no jurisdiction to approve a partitioning application if subdivision laws apply. Under MCZO 110.452, a partitioning is a division of a parcel of land, whereby a roadway is created, into three or fewer parcels for the purpose of transfer of ownership or building development, either immediate or future when such parcel exists as a unit or contiguous units under a single ownership as shown on the tax roll for the year preceding the partitioning. Under MCZO 110.557, a subdivision is a division a parcel of land into four or more parcels for the purpose of transfer of ownership or building development, either immediate or future, when such a parcel exists as a unit or contiguous unit under a single ownership as shown on the tax roll for the year preceding the partitioning. Under MCSPO IZ26, partition land means to divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year, or to adjust a lot line P 02-21 - ORDER -2 KOLOEN