- 28 - establish petitioner's projected budget for costs or its estimated profit (or loss). Additionally, petitioner argues that Mr. Lohr's statement that the costs for the 48 lots were "no more than average" does not change the fact that Mr. Baker believed that the cost per lot was too expensive for building entry-level homes. However, petitioner provided no evidence to support Mr. Baker's statements. Petitioner acknowledges this:12 "The only testimony before the court is the testimony of Baker who testified that he concluded that it would not be profitable to do so." We are reluctant to accept Mr. Baker's conclusion. We find that the off-site costs for the Exchange Property were not prohibitive in regard to petitioner's development of the Exchange Property. 12 Mr. Garner, petitioner's engineer, mentioned a conversation with Mr. Baker: "I don't know whether he used the word 'horrendous,' but he used some terminology saying the this was far, far more than the other 14 lots would cost him, and he was discouraged at this amount." Petitioner uses the statement to support its position that the costs were exorbitant, but the statement merely shows what Mr. Baker told Mr. Garner about the costs.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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