1. Whether the City of Roseville, et al, has conspired to deny the Zisk family a valid qualified building permit to construct a new home on their passive residential zoned private property "after" the Zisk family had completed "ALL" of the prerequisite requirements as set forth in the use permit application submitted to the City of Roseville Planning Commission on February 23, 1967.
see Reference : February 23, 1967 planning commission meeting minutes and Brief - 1, Brief - 2, Brief - 3.
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Refer to:
Brief - 1
Brief - 2
Brief - 3
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2. Whether the City of Roseville has any valid claim of ownership to any portion of Placer County assessors parcels Number 013-040-003, 013-040-004, and 013-040-005, of the Zisk family private property commonly known as 205 Thomas Street, Roseville, California 95678, with the unlawful institution of an action in eminent domain, Placer County Superior Court Number 41104, City of Roseville versus William J. Zisk and Lois E. Zisk, dated December 20, 1973, without a public necessity, without a public project, without an appraisal of the Zisk property, without any negotiations, without any offer of just compensation, without prior notice of a public hearing, without the availability of budgeted public funds for acquisition, without any environmental assessment to the impacts to the Zisk family private property, without acquisition of any adjoining property upstream or downstream of the Zisk family private property, without compliance to California Environmental Quality Act (CEQA) and without compliance to California Government Code 7267.1 et seq., and "over thirty-two (32) years prior to any proposed public use of Zisk family private property."
see COMPLAINT IN EMINENT DOMAIN (DATED DECEMBER 20, 1973), JUDGMENT IN CONDEMNATION (DATED MARCH 21, 1978) , and FINAL ORDER OF CONDEMNATION (DATED APRIL 19, 1982)
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3. Whether the Zisk family has been deprived of a constitutionally protectible private property interest by the City of Roseville, et al. for an improper motive and by means that were pretexual, arbitrary and capricious and without any rational basis and without substantive procedural due process, equal treatment, and just compensation. see Placer County Superior Court Number 41104, City of Roseville vs William J. Zisk and Lois E. Zisk dated December 20, 1973 |
Brief - 1
Brief - 2
Brief - 3 |
| 4. Whether the City of Roseville et al conspired to take Zisk family private property for public use by fraudulent land use zoning and abusive eminent domain powers without procedural due process, equal treatment and just compensation. |
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5. Whether the Zisk family private property has been seized and searched without writ or warrant nor supported by probable cause.
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| 6. Whether City of Roseville former city attorney Keith Sparks has deprived the Zisk family impartial procedural due process, equal treatment and just compensation while acting in triple capacity - first as Roseville city attorney in denial of Zisk family qualified application for a residential building permit on February 23, 1967 - secondly, as Placer County state superior court judge presiding over City of Roseville abusive eminent domain proceedings applied to Zisk family private property on December 20, 1973 - thirdly, as justice of California State Court of Appeals personally deciding related actions. |
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| 7. Whether lower Placer County state court judges Roder, Garbolino and Cousins, deemed disqualified as matter of law has jurisdiction to deprive the Zisk family of procedural due process, just compensation and equal treatment with summary dismissal of the Zisk family verified civil complaint, Placer County Superior Court Number S 1495 filed on October 16, 1991. (involves court documents being whited out with altered date replacements) |
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| 8. Whether Federal District Court Chief Judge William B. Shubb, with daughter employed as attorney in City of Roseville counsels' law firm, violated the mandates of Title 28 U.S.C.A. § 455(a) (b)(1)(5)(ii)(iii) and exceeded jurisdiction with summary dismissal of Zisk Family verified amended civil complaint (DC # CV-95-02134-GEB/GGH) "prior to his recusal". see Brief - 1, Brief - 2, Brief - 3 |
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| 9. Whether Federal District Court Chief Judge William B. Shubb refusal to enter default in DC # CV-95-02134-GEB/GGH for City of Roseville failure to plead or otherwise respond to Zisk family verified complaint "within required time period" denied Zisk family equal treatment and due process opportunity to be heard. see declaration of William J. Zisk and Lois E. Zisk dated April 18, 1997 in Brief - 1 pages 37 to 40 |
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| 10. Whether William J. Zisk and Lois E. Zisk have been deprived of a due process hearing before the Supreme Court of the United States by the suspect removal and/or deletion of the Supreme Court ordered docket entry of “June 30, 1999 DISTRIBUTED September 27, 1999” in Supreme Court Case Number 98101310 CFX, Petition for Writ of Certiorari, entitled William J. Zisk and Lois E. Zisk versus City of Roseville, et al, filed February 16, 1999. |
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11. Whether the Zisk family has been deprived of the constitutional requirement of due process, equal treatment and just compensation in reference to the suspect death of Lois E. Zisk on November 22, 2000 and the additional suspect death of William J. Zisk Jr. that followed on February 17, 2002. see Claim for Damages DATED March 1, 2001 |
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| 12. Whether the Zisk family objections and protest to City of Rosevilles' proposed certification of an environmental impact report for a "proposed" Harding Boulevard to Royer Park Bike Trail through the middle of the Zisk family 12.2 acre parcel were given due process consideration and response based upon factual merits. DATED July 7, 2004 |
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| 13. Whether the Zisk family objections / protest to: City of Roseville 2005/06 congestion mitigation & air quality (CMAC) project "federal grant funding application" for the proposed Harding Boulevard to Royer Park bike trail were given due process consideration based upon factual merits. DATED November 28, 2005 |
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References
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February 23, 1967 743KB
planning commission meeting minutes
Zisk Family application for a residential building permit and lot split February 23, 1967.
March 1967 9.20MB
City of Roseville Park and Streambed Plan DATED MARCH 1967
March 20, 1968
CITY OF ROSEVILLE RESOLUTION NO. 68-21 RESOLUTION ADOPTING A PARK, STREAMBED AND RECREATION ELEMENT OF THE GENERAL PLAN OF THE CITY OF ROSEVILLE DATED MARCH 20, 1968
December 8, 1971
City of Roseville ORDINANCE NO. 1158 AN INTERIM ORDINANCE PROHIBITING CONSTRUCTION UPON OR GRADING OF PROPERTY WITHIN CERTAIN AREAS SUBJECT TO FLOODING ADJACENT TO DRY, LINDA, CIRBY AND ANTELOPE CREEKS AND STRAP RAVINE. UNLESS A PERMIT HAS BEEN ISSUED, DECLARING THE URGENCY THEREOF AND THAT THIS ORDINANCES SHALL TAKE IMMEDIATE EFFECT, AND REPEALING ORDINANCE NO. 1157 - DATED DECEMBER 8, 1971
March 3, 1972
City of Roseville Grading Permit WITHIN AND ADJACENT TO DRY CREEK ISSUED TO BILL ZISK, PURSUANT TO ORDINANCE NO. 1158 - DATED MARCH 3, 1972
March 23, 1972
Fence Permit
City of Roseville director of public works, Frederick L. Barnett granting permission to place fencing on Zisk property adjacent to Dry Creek - DATED MARCH 23 1972
August 30, 1972
City of Roseville RESOLUTION NO. 72-75
RESOLUTION OF THE CITY OF ROSEVILLE APPROVING AN INTERIM OPEN SPACE PLAN - GENERAL GOALS AND POLICIES AND ACTION PROGRAM - DATED AUGUST 30, 1972.
November 29, 1972
City of Roseville - ORDINANCE NO. 1190
AN ORDINANCE ENACTING ARTICLE 8A OF CODE OF THE CITY OF ROSEVILLE RELATING TO ENVIRONMENTAL REVIEW OF PERMITS ISSUED BY THE CITY OF ROSEVILLE AND DECLARING THE SAME TO BE AN EMEGENCY MEASURE TO TAKE EFFECT IMMEDIATELY - DATED NOVEMBER 29, 1972.
March 1, 1973
City of Roseville REQUIRED "ENVIRONMENTAL IMPACT REVIEW FORM" PURSUANT TO COMPLIANCE TO FEBRUARY 23, 1967
Request by Zisk family for a parcel map to construct a new home at the end of Thomas Street - DATED MARCH 1, 1973.
March 22, 1973
NOTICE OF APPEAL OF City of Roseville Planning Department denial of Zisk Family request for a parcel split at 205 Thomas Street - DATED MARCH 22, 1973.
April 25, 1973
City of Roseville Public Works Director Frederick L. Barnett revoking the grading permit issued to Bill Zisk on March 3,1972 PURSUANT TO ORDINANCE NO. 1158 - DATED APRIL 25, 1973 .
April 25, 1973
City of Roseville April 25, 1973 city council meeting minutes denying the appeal of William J. and Lois E. Zisk of the planning director's ruling that the applicants should prepare an environmental impact report prior to any action on the submitted parcel map and application to construct a single family residence at 205 Thomas Street - DATED APRIL 25, 1973 .
May 1973
Corps of Engineers FLOOD PLAIN INFORMATION MANUAL Dry Creek and Tributaries prepared for the City of Roseville California by the Department of the ARMY, Sacramento District CORPS OF ENGINEERS, SACRAMENTO CALIFORNIA - DATED MAY 1973 .
May 11, 1973
City of Roseville Public Works Director Frederick L. Barnett requiring new fish & game stream alteration permit application to complete the Zisk family February 23, 1967 application to construct a single family residence at 205 Thomas Street - DATED MAY 11, 1973 .
June 1, 1973
City of Roseville required Environmental Impact Statement for Bill Zisk Residence 205 Thomas Street PREPARED BY ATTEBERRY AND ASSOCIATES - DATED JUNE 1, 1973.
June 8, 1973
City of Roseville grading permit renewal re-issued by public works director, Frederick L. Barnett in order to complete the February 23, 1967 planning commission use permit requirements to construct the Zisk single family residence at 205 Thomas Street DATED JUNE 8, 1973
June 19, 1973
Architectural & Environmental impact review advisory committee review of Zisk residence request and parcel map at 205 Thomas Street - DATED JUNE 19, 1973.
June 20, 1973
RESOLUTION NO. 73-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE ADOPTING AN OPEN-SPACE AND CONSERVATION ELEMENT OF THE CITY OF ROSEVILLE GENERAL PLAN - DATED JUNE 20, 1973.
July 13, 1973
Letter from George C. Weddell, chief engineer of the Sacramento district of the corps of engineers commenting on the draft environmental impact report for the Bill Zisk residence in Roseville - DATED JULY 13, 1973.
July 24, 1973
Letter from Leo S. Cespedes, planning director of the City of Roseville to Mr. Rex Bronson, Sacramento District Corps of Engineers notifying a withholding of the Bill Zisk parcel map and requesting a special study by the corps of engineers regarding the Bill Zisk single family residence at 205 Thomas Street - DATED JULY 24, 1973.
August 17, 1973
Notice of hearing set for September 13, 1973 before the Planning Commission of the City of Roseville for the purpose of considering the application of Bill and Lois Zisk to construct a single family residence at 205 Thomas Street - DATED AUGUST 17, 1973.
August 23, 1973
Letter approved by City Manager Robert Hutchison to Roseville City Council regarding review of Dry Creek streambed policies - DATED AUGUST 23, 1973.
August 29, 1973
Director of parks & recreation Ed O. Mahaney memo to Roseville City Council regarding adoption of "TENATIVE" plan for "TENATIVE" trail system on Dry Creek streambed northerly from Royer Park - DATED AUGUST 29, 1973.
August 31, 1973
Letter from City of Roseville public works director Frederick L. Barnett to Mr. Rex Bronson, chief, flood plain management, Sacramento District Corps of Engineers - RE: Flood Plain Information - Roseville area - with city public works department transposed information onto OUTDATED "1956" aerial topographic photo mapping indicating the areas of flooding for a 50 and 100 year flood event - DATED AUGUST 31, 1973.
September 5, 1973
Memorandum from the City of Roseville public works director Frederick L. Barnett to the city planning director regarding the public works department falsified cross-section of the incomplete Zisk stream channel improvement project results which were by no means final, showing a steep rise in water surface, rather than a decrease as indicated by the Bill Zisk environmental impact report prepared by Atteberry and Associates, - DATED SEPTEMBER 5, 1973.
September 7, 1973
Letter from Roseville city manager Robert G. Hutchison to Mr. Bill Zisk concerning Zisk property along Dry Creek off Thomas Street notifying officially of the city council's intention to acquire a strip of land along Dry Creek for a "FUTURE" bicycle and pedestrian trail along the creek and the possibility that the city's plans may be in conflict with Zisk development plans in the same area - DATED SEPTEMBER 7, 1973.
September 10, 1973
Memo from City of Roseville planning director, Leo Cespedes to the Roseville planning commission regarding the February 23, 1967 Bill Zisk use permit - parcel map application at 205 Thomas Street and recommending denial of the use permit and parcel map as proposed because of conflict with bicycle and pedestrian trail - DATED SEPTEMBER 10, 1973.
September 13, 1973
Roseville planning commission meeting agenda for Thursday September 13, 1973 at 8:00 P.M. in the council chambers of the city hall with agenda item 5(c) use permit - Wm. Zisk, single family dwelling in R-1 FP zone 205 Thomas Street - DATED SEPTEMBER 13, 1973.
September 13, 1973
City of Roseville planning commission meeting minutes of September 13, 1973 "DENYING" the Zisk family February 23, 1967 application for a parcel map and use permit to construct a single family residence at 205 Thomas Street, since plan is in conflict with bicycle and pedestrian trail and Corps of Engineers report is needed to determine if property is in flood plain as to whether this is proper building site - DATED SEPTEMBER 13, 1973.
September 14, 1973
Letter of "Notice of Appeal" from Atteberry and Associates, civil engineers-land surveyors, 1804 Tanglewood Lane, Roseville, California 95678 to Roseville city council appealing the action and findings of the Roseville planning commission denial of the application of Bill and Lois Zisk for a use permit to construct a home adjacent to Dry Creek at the end of Thomas Street - DATED SEPTEMBER 14, 1973.
September 26, 1973
Letter from Myron McAntyre, an adjacent land owner along Dry Creek to George Buljan, Mayor of the City of Roseville in support of the notice of appeal of the denial of the Bill Zisk application to build a home on his land beside the creek - DATED SEPTEMBER 26, 1973.
September 27, 1973 & September 22, 1972
1972 - 1973 Article in Sacramento Bee "PUBLIC INTEREST V. PRIVATE PROPERTY" RE COURT CASES Klopping v. City of Whittier - Dated September 22, 1972 Selby v. City of Buenaventura - DATED SEPTEMBER 27, 1973.
September 28, 1973
Letter from attorney LLoyd Hinkelman, Kronick, Moskovitz, Tiedemann & Girard, 555 Capitol Mall, Suite 855, Sacramento, California 95814 to Mr. and Mrs. William Zisk, 205 Thomas Street Roseville, California, in reference to a letter dated September 12, 1973 from George C. Weddell, Chief, Engineering Division of the Corps of Engineers to Fred Barnett, Director of Public Works for the City of Roseville noting a correction of the water surface elevation for the intermediate flood at station 82.00, based upon the city's erroneous cross-section profiles sent to the Corps of Engineers - DATED SEPTEMBER 28, 1973.
October 2, 1981
Article in Roseville Press Tribune entitled: "CREEKBED BIKE PATHS HINGE ON RIDER SAFETY" - DATED OCTOBER 2, 1981.
October 3, 1973
Roseville City Council upholding the planning commission September 13, 1973 "DENIAL" of the Zisk family February 23, 1967 application for a parcel map and use permit to construct a single family residence at 205 Thomas Street since plan is in conflict with citys' "FUTURE PROPOSED" bicycle and pedestrian trail. Public works director, Fred Barnett pointed out that latest calculations from the Corps of Engineers determined the Zisk house site would be above the 100 year flood plain - DATED OCTOBER 3, 1973.
October 8, 1973
Special meeting of the Roseville Parks and Recreation Commission meeting minutes for October 8, 1973 with recommendation to city council that the city acquire property area along Dry Creek from Royer Park to East Street for a future bike trail.- DATED OCTOBER 8 ,1973.
October 31, 1973
Legal description of the Bill Zisk Parcel Map and lot split as submitted to the city by Zisk engineer, W.G. Atteberry of Atteberry and Associates, 1807 Tanglewood Lane, Roseville, California - DATED OCTOBER 31, 1973.
November 28, 1973 (A)
Re: - Roseville City Council adoption of floodplain ORDINANCE NO. 1224 - AN ORDINANCE AMENDING SECTION 2.02; REPEALING AND REENACTING ARTICLE 23 OF ORDINANCE 802, THE ZONING ORDINANCE OF THE CITY OF ROSEVILLE, RELATIVE TO THE ENACTMENT OF REGULATIONS OF LAND USES WITHIN FLOOD PRONE AREAS - to take effect in 30 days (December 28, 1973) or 8 days "AFTER" the city filed eminent domain proceedings (Placer Sup. CT. No 41104) on Zisk family private property - the ordinance was falsely applied to outdated "1956" city topo graphic maps that did not reflect the current seven (7) year reclamation project on Zisk property, which increased the floodway channel carrying capacity by 200% - DATED November 28, 1973.
November 28, 1973 (B)
Re: - Roseville City Council adoption of zoning ORDINANCE NO. 1227 - AN ORDINANCE ADDING SUBSECTIONS 161 AND 162 TO SECTIONS 3.01A OF ARTICLE 3 OF ORDINANCE 802, THE ZONING ORDINANCE OF THE CITY OF ROSEVILLE, ZONING CERTAIN PROPERTY IN AND ALONG DRY, LINDA, CIRBY, AND ANTELOPE CREEKS AS WITHIN THE FW (FLOODWAY FRINGE) COMBINING ZONES - the "Official floodplain maps" of city of roseville "FALSELY" included the majority of the Zisk property which had been determined to be above the 100 year floodplain by both the U.S. Army Corps of Engineers and the Public Works Director of the City of Roseville Fredrick L. Barnett - DATED November 28, 1973.
December 19, 1973
Roseville City Council Resolution No. 73-122 - Resolution of public necessity and convenience for condemnation of real property for public park and bicycle path purposes - DATED DECEMBER 19, 1973.
December 20, 1973
COMPLAINT IN EMINENT DOMAIN , Placer County Superior Court Number 41104, City of Roseville vs. William J. Zisk and Lois E. Zisk, dated December 20, 1973.
October 23, 1974
Letter from George C. Weddell, Chief, Engineering Division, Department of Army, Sacramento District, Corps of Engineers to Kenneth M. James, Assistant City engineer, City of Roseville in response to a request for a flood hazard evaluation for a proposed subdivision site located adjacent to Coloma Way and Oakridge Drive - DATED October 23, 1974.
June 15, 1977
Roseville City Council Resolution No. 77-54 - Resolution of the council of the city of roseville adopting the roseville general plan and "REPEALING FORMER GENERAL PLANS AND PLAN ELEMENTS" - Resolution 68-21 park, streambed and recreation element and resolution 73-56, open-space and conservation element were the basis for instituting the action in condemnation of the Zisk private property in the first instance and was "REPEALED" four and a half (4 1/2) months "PRIOR" to commencement of the eminent domain proceeding on November 1, 1977 and concluded on December 15, 1977 - DATED June 15, 1977.
Sept 1977 8.71MB
CLERKS TRANSCRIPTS ON APPEAL
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA IN AND FOR THE THIRD APPELLATE DISTRICT - CITY OF ROSEVILLE et al Plaintiffs, Respondents and Cross-Appellants vs WILLIAM ZISK AND LOIS ZISK et al Defendants, Appellants and Cross-Respondents - CLERKS TRANSCRIPTS ON APPEAL - APPEAL FROM THE JUDGEMENT OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER KEITH F. SPARKS, JUDGE - DATED September 1977.
March 21, 1978
Complaint in Eminent Domain, Placer County Superior Court Number 41104, City of Roseville vs. William J. Zisk and Lois E. Zisk, JUDGMENT IN CONDEMNATION, dated March 21, 1978.
April 19, 1982
Complaint in Eminent Domain, Placer County Superior Court Number 41104, City of Roseville vs. William J. Zisk and Lois E. Zisk, FINAL ORDER OF CONDEMNATION, dated April 19, 1982.
April 25, 1984
PACIFIC LEGAL FOUNDATION Letter to William J. Zisk regarding City of Roseville "Denial" of February 23, 1967 Zisk application for a building permit, DUE TO CITY OF ROSEVILLE "PROPOSED TENTATIVE PLAN" FOR A BICYCLE TRAIL THROUGH MIDDLE OF ZISK PROPERTY - DATED April 25, 1984.
September 1986
NOLTE and ASSOCIATES Engineers/Planners/Surveyors ROSEVILLE HYDROLOGY STUDY PREPARED FOR CITY OF ROSEVILLE CALIFORNIA - DATED September 1986 .
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United States Supreme Court Briefs
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UNITED STATES SUPREME COURT DOCKET ORDERS - February 16, 1999
July 1 , 1999 Docket
PROCEEDINGS AND ORDERS DATE: [07/01/99]
~~~~~~~~DATE~~~~~~~~~~~~~~~~~~~~~~~~~~~PROCEEDINGS & ORDERS~~~~~~~~~~~~~~~~~~~~~
May 5 1999 Application (A98-913) granted by Justice O'Connor
extending the time to file until June 13, 1999.
Jun 14 1999 Petition for rehearing filed.
Jun 30 1999 DISTRIBUTED. September 27, 1999
August 3, 1999 Docket
PROCEEDINGS AND ORDERS DATE: [08/03/99]
~~~~~~~~DATE~~~~~~~~~~~~~~~~~~~~~~~~~~~PROCEEDINGS & ORDERS~~~~~~~~~~~~~~~~~~~~~
May 5 1999 Application (A98-913) granted by Justice O'Connor
extending the time to file until June 13, 1999.
Jun 14 1999 Petition for rehearing filed.
Jul 9 1999 REDISTRIBUTED. ******************
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March 1, 2001
CLAIM FOR DAMAGES - March 1, 2001
To the City Council of the City of Roseville, CA.
Claim of WILLIAM J. ZISK, JOHN W. ZISK, WILLIAM J. ZISK JR., KYLE M. ZISK, AND RYAN R. ZISK vs. CITY OF ROSEVILLE; CITY COUNCIL MEMBERS; CITY COMMISSION MEMBERS; CITY EMPLOYEES AND AGENTS |
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February 2004
Response to City of Roseville draft environmental impact report for the proposed Harding Boulevard to Royer Park Bikeway project DATED - February 2004.
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July 7 , 2004
Objection/Protest to City of Roseville
Certification of EIR for Proposed Harding Blvd to Royer Park Bike Trail
through middle of Zisk family passive 12.2 acre parcels DATED -JULY 7, 2004. |
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November 28 , 2005
Objection/Protest to City of Roseville applications for state and federal grant funding for the proposed Harding Boulevard to Royer Park Bike Trail through middle of Zisk family property DATED - November 28, 2005.
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