Property Law Keyed to Dukeminier
Western Land Co. v. Truskolaski
Significant commercial development was shown in the vicinity of the subdivision including a major shopping center across from subdivision property. Traffic patterns had changed around the subdivision as population in the area had increased and major city artery passed through the area. Trial court found that within the subdivision the traffic density was low and resulted in a safe environment for children who live and play in the area. Testimony indicated the highest and best use of the land would be commercial. The city council had indicated a willingness to rezone for commercial purposes. Sporadic violations of the restrictions had occurred over the years.
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