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When petitioner decided to purchase the Clayton property, he
did not do so because it would be conducive to his business
operations. Had this been petitioner's primary consideration, he
would have bought level land, rather than property consisting of
a steeply hilled area and a flood zone of archaeological
importance. In fact, when looking for a new residence,
petitioner's first priority was to find a piece of property on
which he could live out "the rest of his life." Petitioner
enjoys living in Clayton, because it is a secluded rural area
where he can be close to nature. He also likes being in the
country where the houses are not close together, and where he
does not have to contend with less than congenial neighbors.
Petitioner lived with his girlfriend, Patsy Lyons, at both
the Livermore and the Clayton residences. Each of them rides
horseback and has ridden petitioner's personal horses on the
steeply-hilled portion of the Clayton property, and on the plain.
Petitioner uses the upper wooded area for hiking. There is also
a dirt road that goes up the steeply hilled portion of the
property, which is accessible by car, horse, and foot. During the
springtime, petitioner's personal horses graze up there to keep
the grass down. Petitioner never allows the horses from his
boarding or breeding business to use this area. Petitioner keeps
all 51 acres of the Clayton property fenced off from neighboring
houses.
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