- 42 - the quality and characteristics of the fill, petitioner contends that the variety of potential commercial development is limited considerably in light of the poor quality and inferior characteristics of the fill. Respondent disagrees with petitioner’s contention that only 4 acres of the filled area on parcel B are sufficiently flat to permit development. Respondent contends that an additional 2 acres are relatively flat and would support a variety of commercial development projects. Respondent also dismisses the findings of the engineering study with regard to the quality of the fill. Respondent contends that the restrictions and requirements necessary to build a foundation in the area of the fill would be of little difference from the restrictions and requirements otherwise necessary to construct foundations throughout the region. This Court, accompanied by counsel for both parties, viewed parcel B. We agree with respondent that roughly 6 acres are sufficiently flat. We recognize that the engineering study expressed genuine concerns as to the quality of the fill, but we further recognize that the testimony at trial with regard to the extent such quality might impair potential development was less than conclusive. A legitimate concern was raised with regard to the depth and frequency of soil samples used in the analysis. Therefore, the engineering study must be viewed accordingly.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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