Estate of Willie C. Lloyd, Deceased, Iva Nell Holman, Executrix - Page 39

                                       - 39 -                                         
          cannot be commercial in nature.  Petitioner does not, however,              
          advance a meaningful argument with respect to these two factors.            
          Parcel A is indeed an awkwardly positioned large piece of real              
          estate.  However, we fail to see how these factors lend material            
          support to the conclusion reached by petitioner.                            
               Much of the testimony offered by petitioner through its                
          witnesses involves the availability of utilities on parcel A.  In           
          particular, petitioner maintains that the establishment of sewer            
          facilities to parcel A would likely be cost prohibitive.                    
          Considering the testimony by the several witnesses called by                
          petitioner, we can appreciate that parcel A suffers in this                 
          regard, but this should not be considered unusual.  At issue is             
          the development of a piece of undeveloped real estate, and it               
          would seem that such development commonly occurs on real estate             
          lacking direct sewer facilities.  It seems odd that petitioner              
          maintains that the lack of immediate sewer connections on parcel            
          A presents an insurmountable hurdle with respect to commercial              
          development while simultaneously contending that such an obstacle           
          does not equally impair residential development.  In any event,             
          the extent to which parcel A is burdened by the lack of immediate           
          sewer connections can be accounted for in valuing the parcel.               
               Petitioner has expended an enormous effort in its attempt to           
          convince this Court that Hearn and Tidwell were both correct in             
          concluding that the highest and best use of parcel A was                    
          residential rather than commercial as of the date of decedent's             




Page:  Previous  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  Next

Last modified: May 25, 2011