- 26 - recorded against their Library Square tract parcels to fulfill the requirements of the MTP Designated Building Site Application continue in effect until released by the City. Although the City could repeal Ordinance No. 159802 and the MTP Designated Building Site, that possibility exists for any zoning change. A property owner has no vested right to have its property’s current zoning continued; a local governmental or zoning authority, in the exercise of its police power, may later revise the property’s zoning. See, e.g., Avco Cmty. Developers, Inc. v. S. Coast Regl. Commn., 553 P.2d 546 (Cal. 1976) (a governmental authority may not contract away its right to exercise its police power in the future). We conclude that the zoning change made by Ordinance No. 159802 and the MTP Designated Site produced benefits of an indefinite and undeterminable duration for the Library Tower and Grand Place Tower parcels and/or the owners of those parcels. The cost of obtaining this zoning change is thus not depreciable by either Library Square or Fifth & Grand, but it must instead be capitalized and allocated to the Library Tower parcel or Grand Place Tower parcel. Galt v. Commissioner, 19 T.C. at 910; cf. Chevy Chase Land Co. v. Commissioner, 72 T.C. 481, 487-489 (1979) (the costs incurred by the taxpayer for an unsuccessful rezoning effort were deductible as an abandonment loss). Our case here is like Galt and is distinguishable from Chevy ChasePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011