Updated ICC 700 National Green Building Standard Approved
Federal Circuit Court Decision a Victory for Property Rights
The Court of Appeals for the Federal Circuit reversed and remanded the lower court’s ruling, saying that the critical inquiry in determining the relevant parcel is “the economic expectations of the claimant with regard to the property.” For example, when a “developer treats several legally distinct parcels as a single economic unit, together they constitute the relevant parcel.” Conversely, “when contiguous land is purchased in a single transaction, the relevant parcel may be a subset of the original purchase where the owner develops distinct parcels at different times and treats the parcels as distinct economic units.”
The court found that Lost Tree did not treat the 5-acre site (known as Plat 57) as part of the same economic unit as other land it developed in the community, and had not included it in any previous development plans. In a sense, the plot was ignored completely, not intentionally left undeveloped. Therefore Plat 57, by itself, constituted the "relevant parcel."
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