Estate of Willie C. Lloyd, Deceased, Iva Nell Holman, Executrix - Page 35

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               Perhaps the most conspicuous indication that the                       
          commercialization of the Highway 280 corridor was continuing                
          north of I-459, and that a reasonable probability existed that              
          parcel A could be rezoned, was the annexation of roughly one-half           
          of parcel A and all of parcel B by the city of Birmingham in                
          1985.  The purpose of this annexation was to expand the city's              
          tax base by increasing the number of commercial properties within           
          its corporate limits.  It seems to us that the natural                      
          consequence of this unilateral expansion was an inevitable                  
          rezoning.  As to why the city of Birmingham did not rezone the              
          annexed properties concurrently with the annexation remains                 
          unclear.  But the fact that the annexation occurred with such               
          rezoning in mind is evident.                                                
               Petitioner attempts to detract from this seemingly                     
          unambiguous indication of the commercial progression north of I-            
          459 by pointing to the so-called buffer zone separating that                
          portion of parcel A annexed by the city of Birmingham from Cahaba           
          River Road.  Petitioner contends that the existence of the buffer           
          zone effectively operates in a manner much the same as the                  
          restriction Bell contractually agreed to with regard to gaining             
          access to Cahaba River Road.  To the extent that petitioner’s               
          contention may be accurate, we need only refer to our discussion            
          above pertaining to the Bell restriction.  However, we think the            
          existence of this so-called buffer zone is markedly different               
          from the restriction placed on the Bell property.  There is no              




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