(Letter dated 10/1/99 to Alan Falleri From Tracey Westerhausen, Esq.)

Dear Mr. Falleri:

Thank you for providing me the materials you sent in support of your anonymous complainant's claim. Noticeably absent from the materials were any regulations that defined agricultural uses or that might otherwise pertain to the Gould's position. It is disturbing to me that the department is so willing, early on, to demonstrate its partiality for one taxpayer over another. We will go about finding the regulations on our own. I have also instructed the Goulds to request a hearing and post the fee.

I also find it disturbing that you base your decision regarding the zoning classification on a document that you will not disclose. It surely is not the intent of the department to engage in conduct that might violate the Gould's due process rights-- by depriving them of a property interest -- based on secret information. Also, I am having trouble finding the language in Section 6254 that enables you to keep this information secret. In any event, to the extent that the statute conflicts with due process, it is unconstitutional.

In the meantime, I request that you provide all information that you used in making your determination so that we may fairly meet your contentions. This request includes but is not limited to the complaint. I also request a copy of the zoning file concerning the 'turkey operation' near the Goulds property. Naturally, we will pay a reasonable fee for the copying, handling and mailing of the materials.

Sincerely,

DEBUS, KAZAN AND WESTERHAUSEN, LTD.

Tracey Westerhausen, Esq.