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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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