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• <br /> Later in 1975, Respondent James Johnson (Respondent) purchased Mark <br /> • One (Parcel 29). It was not until two years later, July 14, 1977, that he requested <br /> the separate parcels in Mark One be combined into a single parcel and tax <br /> identification number for a combined acreage of 13.22 acres. Exhibit 2. On July 25, <br /> • <br /> 1977, just eleven days after the lots were combined, Respondent applied for a <br /> buildingpermit to build his residence on Parcel 29. Exhibit 3. On the buildingpermit <br /> • application, Respondent averred that the lot on which he was building included "all <br /> parcels." Significantly, Respondent never sought the variance necessary to build <br /> his house on one of the smaller, platted lots. Instead, he used the total acreage of <br /> • <br /> Parcel 29 to meet the new minimum lot size and setback requirements. <br /> Respondent moved into his newly built home in 1978 and farmed the <br /> • remainder of Parcel 29, annually rotating crops of corn and soybeans. Through <br /> 1997, Respondent was taxed as a residential farm and received "Green Acres" tax <br /> treatment. If he had not combined the lots into one parcel, he would qualify for <br /> • <br /> Green Acres. Further, in the last 20 years, he has expended no funds to prepare <br /> the lots for further development other than installing telephone cable in 1978 and <br /> • grading in the early 1980s to prevent his driveway from flooding. <br /> On April 13, 1998, this Court granted the County's request to take 88,746 <br /> square feet (2.04 acres) of Parcel 29 for the improvement of CSAH 6. Exhibit 4. <br /> • <br /> After the taking, Respondent's lot size measured 11.18 acres, enough acreage to <br /> subdivide.the parcel into two conforming five-acre lots under current Orono zoning <br />• requirements. See Exhibits 5 and 6. After the taking, all the former lots continued <br />• 2 <br /> App. Page 5 of 35 '' <br />