- 36 - evidence in the record suggesting that county zoning commission officials, or any other county officials for that matter, had any involvement regarding the creation of this buffer zone. Moreover, the record lacks conclusive evidence concerning the reason the annexation stopped where it did. Petitioner’s speculation with regard to the purpose and effect of the buffer zone may indeed be plausible, but it is speculation nonetheless. In recognition of this series of events, we conclude that at the time of decedent's death there existed numerous indications that the Highway 280 corridor was experiencing a northerly progression of commercial development and that such progression was extending beyond I-459. We further conclude that parcel A was within the parameters of this expansion as of the valuation date. Accordingly, we conclude that there was a reasonable probability that parcel A could likely be rezoned to a commercial classification within a relatively short period of time following decedent's death. See Frazee v. Commissioner, 98 T.C. at 564. To a lesser extent, the current dispute involves the accessibility of parcel A. Respondent recognizes that parcel A suffers from an accessibility standpoint. Respondent maintains, however, that the extent of the accessibility problem is not significant enough to warrant a finding that its highest and best use is not commercial in nature. Petitioner disagrees and contends that parcel A was so inaccessible as to preclude commercial development. Accordingly, petitioner contends thatPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
Last modified: May 25, 2011