- 38 - prospective commercial developer would experience friction in attempting a rezoning. Accordingly, the asserted difficulties in gaining access to parcel A do not persuade us that the highest and best use of the parcel is other than commercial in nature. Other factors involved in this dispute with respect to parcel A include its size, shape, available utilities, and topography. Perhaps the most significant of these factors involves the topography of parcel A. This Court, accompanied by counsel for both parties, conducted a viewing of parcel A. Petitioner contends that the steep slopes and extensive rock throughout the parcel effectively preclude development of the parcel commercially for profit. Respondent, on the other hand, recognizes that the slopes and rock impose barriers to commercial development, but contends that such barriers do not make commercial development physically impossible. Considering our viewing of the property, we are inclined to agree with respondent. We recognize that the terrain of parcel A may, in fact, prevent various types of commercial development projects, but we are not persuaded by petitioner’s argument that parcel A cannot be developed commercially for profit under any circumstance. Instead, we think the development costs elaborated upon by many of petitioner’s experts can and should be accounted for during the valuation process. Petitioner also cites the irregular shape and size of parcel A as contributing to its conclusion that its highest and best usePage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011