properties. See Rice, 852 N.E.2d at 602. Instead, the use must be in agreement, accord, or conformity with the district’s character. See Black’s Law Dictionary 722 (7th ed.1999) (defining “harmony”). Although there was evidence that some of the neighboring properties consisted of corporate offices, a residence, and a daycare, the BZA also had before it evidence that the vast majority of the surrounding area was zoned as I-4-S, the IZO’s most intensive industrial zone. Although some of the land uses in the area might not be heavy industrial, evidence that certain individual properties within the district are used for non-industrial purposes is insufficient to support a finding that the use would not be in harmony with the character of the district. See Rice, 852 N.E.2d at 602 (<HOLDING>). 600 Land’s property is bordered on three
holding no easement can be created over a section of land in favor of another adjoining parcel when one owner owns both properties holding that the most important factor in the preservation hierarchy is whether the relevant issue was raised in the trial court and the least important factor is whether the appellant alerted the trial court to the specific argument raised on appeal recognizing that while an adjacent neighborhood may be an important factor in analyzing a land uses compatibility with surrounding properties it is improper to turn a blind eye to the fact that the real estate only borders the neighborhood on one side and that there are other properties in the near vicinity that have similar uses recognizing that one cannot have an easement in his own land holding the effect of a commonlaw dedication is to create only such an estate or right in the public as is necessary to enable it to enjoy the uses for which the dedication is made and to reserve the fee to the dedicator