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W H Y T E & H I R S C H B O E C K s.c. Dane County Zoning and Natural Resources Committee May 20, 1993 Page 2 The Amended Petition together with the road improvements underway in the Fox Bluff area totally remove any issue regarding traffic flow and access. In addition, we would point out that the Town of Westport has recently approved the Carriage Ridge Development, which is similar in size to the Fox Bluff development, with but a single access road to Woodland Drive. The current status of Zoning Petition No. 5622 is that the Town of Westport Board has not taken any action based on the merits of such zoning petition due to potential violations of the Wisconsin Open Meeting Law and code of ethics provisions applicable to local government officials contained in chapter 19 of the Wisconsin Statutes. While the Plan Commission disapproved Zoning Petition No. 5622, we maintain that the Plan Commission's action is entitled to little deference since the alleged violations of law relate to the Plan Commission proceedings, and therefore, have unalterably tainted the Faga rezoning petition process at the Town level. Specifically, at a May 3, 1993 Plan Commission meeting, Plan Commission member Ms. Gail Goode took official action substantially affecting a matter in which she and her husband have a substantial financial interest and further used her office to produce or to assist in producing substantial benefits for her and her husband with respect to the Faga property in contravention of chapter 19 of the Wisconsin Statutes. We are enclosing for your information a letter dated May 6, 1993 to the Town Chair which details just some of the actions and interests of Ms. Goode. In addition, we have since obtained copies of letters from neighbors in the Fox Bluff area presented to the Plan Commission. These letters reveal that Ms. Goode disseminated information to and actively organized the neighbors for the purpose of opposing the Faga rezoning petition in her capacity as a Plan Commission member. Moreover, Dr. Michael Goode, Ms. Goode's husband, publicly disclosed at the May 17, 1993 Plan Commission meeting, that Dr. and Ms. Goode discussed an arrangement with Sam Jacobsen whereby Sam Jacobsen would acquire the Faga Parcel from the Fagas and then would give the lower half of such parcel to Dr. and Ms. Goode in exchange for some adjoining land from Dr. and Ms. Goode.