Estate of Willie C. Lloyd, Deceased, Iva Nell Holman, Executrix - Page 42

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          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.                






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