James D. and Beverly H. Turner - Page 16

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          provide tax benefits.  The parties to this proceeding acknowledge           
          that the reference to 62 building lots “by-right” was incorrect             
          and would have required rezoning.  Although Hyland signed this              
          letter, petitioner and his advisers had prepared it and requested           
          Hyland to sign it.  Hyland relied on petitioner for the truth or            
          accuracy of the statements in the letter.  At the time Hyland               
          signed the letter, he was unaware that petitioner had plans to              
          develop and sell 30 lots.  Petitioner intended to use the letter            
          to substantiate a tax deduction he planned to take for a                    
          conservation easement.                                                      
               Ultimately, the Grist Mill property was subdivided into 29             
          residential lots.  Some of the 29 homes built on the Grist Mill             
          property could be seen from the Woodlawn Plantation, especially             
          during the winter and spring months when there is less foliage.             
               The Grist Mill Woods subdivision plan was approved by the              
          Fairfax County Plan Control Section with an R-2 zoning                      
          classification on March 23, 1999.  In a letter dated October 14,            
          1999, MVLA agreed to the plan and asked the ARB to support                  
          petitioner’s proposed development of a 30-residence subdivision.            
          MVLA also stated its understanding that petitioner would donate             
          lot 30 to MVLA for parking at the Grist Mill.  MVLA’s letter was            
          based on the language recommended and supplied by petitioner.               









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