2009-07-20_INSPECTION - M1977094

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• George R. Haffke, Esq. May 9, 2008 Page 2 • The road crossing the Longacre property to the gravel pit is controlled by a locked gate. Obviously, the gate was either left unlocked by the Westhoffs or the young people were supplied a key to the gate to gain access to the Westhoff property. Such a use of the access road is not authorized by the language in the deed and therefore an act of trespass on the Longacre property. Should the Westhoff s continue to provide or allow access for anything but gravel pit operations, the Longacres will bring trespass charges against those persons found crossing their property. The use of the property for motorcycle racing or motocross purposes is also contrary to the Longacres right to graze cattle on the Westhoff property, since the noise of the motorcycles disturbs and is harmful to the cattle. Also while checking the property to see if it was ready to graze cattle, Mr. Longacre noticed that there are new piles of rubble, and construction debris or additions to the existing piles of rubble located in the gravel pit and on the unpermitted portion of the Westhoff property. Unless the Westhoff's have amended their mining permit, rubble is not permitted within the gravel operations area. If the new debris are located on the unpermitted portion of the property, such a use is not allowed under the current county zoning and land use regulations. Also using the access across the Longacre property is not authorized for such purposes under the language of the above deed. I understand that Morgan County may be requiring the cleanup of the debris at some future date. However, once again, the Westhoff's right of access does not allow for hauling trash or debris across the Longacre property, and any remediation which requires transporting the debris from the Westhoff property would require the approval of the Longacre family, which approval they are willing to discuss but do not grant at this time. Using the Westhoff property to dump trash and debris is also not compatible with the Longacres' rights to graze cattle on the property. Therefore all such use should cease. More recently, Mr. Longacre discovered that some person or persons had trespassed on the Longacre property from the Westhoff property and was shooting rifles or handguns at a target they had set up on the Longacre property. Since the Westhoffs are the only people that have access to the Longacre property, it is reasonable to suggest that the Westhoff family was involved in this trespass and illegal activity. Other evidence of the Westhoffs' trespass onto the Longacre property consists of the fact that stockpiles of stone, rock and gravel that had been place on the Longacre property by the Westhoffs have been moved off the Longacre property without obtaining permission to enter their property. I have enclosed several photographs that show the trash, debris, the stockpiles and where they were removed and the door that was used as a shooting target.