Estate of Willie C. Lloyd, Deceased, Iva Nell Holman, Executrix - Page 33

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          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 points           




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