- 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 points
Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 NextLast modified: May 25, 2011