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LAW OFFICES OF <br />PAUL J.DOHRING <br />1220 WASHINGTON STREET <br />CALISTOGA,CALIFORNIA 94515 <br />TELEPHONE (707)942-1298 <br />August 25,2011 <br />Supervisor Ken Vogel <br />San Joaquin County Board of Supervisors <br />44 North San Joaquin Street 6th Floor Suite 627 <br />Stockton,California 95202 <br />Re:Code Violations of Fred and Carolyn Van Dyke <br />Dear Supervisor Vogel: <br />I represent John Galeazzi and Carolyn Galeazzi,the owners of real property at North <br />Elliot Road and State Highway 88 in Lockeford,California where they grow walnuts.Their <br />farmland surrounds a 39.7 acre parcel ofland owned by Fred Van Dyke and Carolyn Van Dyke. <br />In 2006,the Van Dykes built their home in the flood plain adjacent to the Mokelumne River.The <br />home is located approximately %of a mile from the nearest public streets (Church Street and <br />Cherry Street.)Unfortunately,the Van Dykes continue to occupy their home illegally,and the <br />Galeazzis now seek your assistance in addressing their safety concerns. <br />ilLEGAL OCCUPATION OF HOME <br />The Van Dykes'property is accessible by a 20-foot wide easement for ingress and egress. <br />The easement traverses the walnut orchards now owned by the Gale9is.The 20 foot wide <br />easement over the Galeazzi property was created by grant deed in 1986,a year before the Van <br />Dyke acquisition of their property.At the time the Van Dykes acquired their property in 1987,it <br />was used as a walnut orchard.From the time they purchased the property until they began <br />constructing a residential dwelling in 2005,the property was only used for agricultural purposes. <br />Historically,up until the Van Dykes began construction of their house,the 20 foot wide access <br />easement therefore had been limited to occasional agriculture use,and not for daily residential <br />access. <br />On May 15,2008,the Van Dykes filed a civil action against the Galeazzis seeking to <br />expand their agricultural easement to residential uses.Ultimately,in December 2009 the San <br />Joaquin Superior Court rejected all of their claims,and the Van Dykes lost their lawsuit.