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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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