Estate of Willie C. Lloyd, Deceased, Iva Nell Holman, Executrix - Page 31

                                       - 31 -                                         
               Petitioner further argues in favor of the conclusions by               
          Hearn and Tidwell that a commercial rezoning was unlikely by                
          pointing to a zoning dispute involving a nearby church.  The                
          dispute arose when officials from the church proposed to                    
          construct a church in an area with an existing residential zoning           
          classification.  The county zoning commission denied the                    
          requested change, citing an unacceptable increase in traffic                
          within the residential area surrounding the proposed location as            
          the basis for its denial.  The church officials ultimately                  
          prevailed, however, when a State court reversed the zoning                  
          commission and ordered a rezoning.  Petitioner argues that this             
          dispute clearly indicated that the zoning commission was                    
          generally inclined to deny rezoning requests involving land in              
          the vicinity of parcel A.  Accordingly, petitioner contends,                
          Hearn and Tidwell were both justified in reaching their                     
          conclusions with regard to the zoning of parcel A.                          
               Petitioner further argues in support of the conclusions                
          advanced by Hearn and Tidwell by pointing to what it refers to as           
          a 200-foot buffer zone extending the length of parcel A along               
          Cahaba River Road, which was created when the city of Birmingham            
          partially annexed parcel A in 1985.  Petitioner contends that the           
          existence of this buffer zone, which remained under the control             
          of the county zoning commission, in effect, served to make any              
          likely commercial rezoning of the portion of parcel A within the            
          corporate limits of the city of Birmingham irrelevant because the           




Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011