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legally precluded from constructing any residential buildings on
this portion of the property. However, petitioner is permitted
to build agricultural structures on this portion of the land.
Within the 2-year period following the date of sale of the
Livermore residence, petitioner incurred expenses of $146,922 to
construct a residence, garage, and a barn on the Clayton
property, which he used for personal purposes. In this same time
period, petitioner spent substantial amounts of money to
construct buildings for use in his boarding and breeding
business.
While living on the Clayton property, petitioner continued
to work as a farrier and to board and breed horses. Petitioner
concedes that he operated his horse boarding and breeding
business on 7-� acres of the Clayton property after the purchase.
At any given time, petitioner boarded an average of 30 horses on
the Clayton property, approximately the same number of horses
that he boarded on the leased premises in Livermore. Petitioner
fenced off the horse boarding and breeding facility from the
remainder of the Clayton property using special fencing safe for
horses. In the fenced area there is a 20-stall barn and paddocks
(an enclosed area used for pasturing or exercising horses). Not
all of the boarded horses are kept in the stalls; some of them
stay in the fenced areas outside, while others remain in the
paddocks.
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Last modified: May 25, 2011