- 18 - of the Lubbock Industrial Park. One lot was labeled "Lubbock Industrial Park Add. Lot 1" and was located directly south of the 11.656 acres on the opposite side of the intersection of Loop 289 and MLK. The other lot was labeled "Lubbock Indus. Park Add. Lot 5" and was located to the east of the Litton property. Neither the 11.656 acres nor the parcel of 30.3 acres was labeled as part of the Lubbock Industrial Park on the maps submitted by the experts. While we do agree with petitioners that the Lubbock Industrial Park indeed existed, on the basis of the evidence presented we do not believe that the parcel of 30.3 acres was a part of the Lubbock Industrial Park. The parcel of 30.3 acres was unplatted, and we believe from the evidence and testimony that the lots in the Lubbock Industrial Park were platted. Mr. Cantrell's report fails to mention that the parcel of 30.3 acres was part of the Lubbock Industrial Park. Furthermore, the parcel of 30.3 acres was not zoned with the special industrial park classification about which Mr. Huneke testified. Although the parcel of 30.3 acres was zoned M-1 for light industrial use, we do not believe that there existed a reasonable probability that the parcel of 30.3 acres would be used for industrial purposes in the reasonably near future at the time of its donation. See Olson v. United States, 292 U.S. at 255. The evidence suggests that access to the parcel of 30.3 acres wasPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011