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regarding the City of Lancaster's condemnation of the property
upon which Mr. Johnson's auto dealerships were located (the 23d
Street property). At the initial interview of Mr. Johnson by two
revenue agents, Mr. Johnson told the revenue agents that the City
of Lancaster had condemned the 23d Street property and that a
school had been built on the property. No school was built on
the property. The Commissioner became aware of this fact
sometime after the interview of Mr. Johnson. This misstatement
by Mr. Johnson reasonably raised respondent's suspicion as to
whether the City of Lancaster properly had condemned the 23d
Street property.
At the initial interview of two Lancaster Redevelopment
Agency (LRA) officials, Steven Dukett (Mr. Dukett) and Mark
Asturias (Mr. Asturias), by respondent, Mr. Dukett and Mr.
Asturias told the revenue agents that the LRA did not threaten
Mr. Johnson with condemnation of the 23d Street property.
Sometime after these initial interviews, in sworn statements, Mr.
Dukett and Mr. Asturias changed their story and stated that they
had threatened Mr. Johnson with condemnation of the 23d Street
property. Respondent was left with the conflicting statements of
Mr. Dukett and Mr. Asturias regarding whether Mr. Johnson had in
fact been threatened with condemnation of the 23d Street
property.
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Last modified: May 25, 2011