- 33 - facts and circumstances involved in this case, we think that such rezoning was quite likely. The facts generally illustrate that the Highway 280 corridor in the vicinity of I-459 was undergoing a northerly progression of commercial development. Not only was this progression occurring at the time of decedent's death, but it had been occurring for many years prior to his death. This is clearly evident from a series of events and transactions dating back to at least 1979. A reading of the Smyer and Scotch appraisal reports, both of which are dated March 29, 1979, suggests as much. In particular, in support for concluding that the highest and best use of the property condemned for the purposes of constructing I-459 was commercial, Smyer explains in his report that the corridor south of the condemned property has shown "phenomenal development" with "substantial improvements being constructed" prior to the condemnation. Petitioner concedes the existence of this growth and development but maintains that the progression ceased with the construction of I-459. However, the development of the Bell property in the early 1980's is an indication to the contrary. With the development of the Bell property came the presence of a large commercial operation north of I-459 on real estate once zoned residential. Petitioner, however, considers the presence of the Bell property to be an exception to its underlying argument that the progression of commercial development stopped at I-459 and pointsPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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