During the first quarter of 2022, our eminent domain team has resolved 3 pending cases on behalf of the Georgia Department of Transportation which resulted in the amounts initially tendered by the Department. The oldest case of the 3 has been pending since 2013, and resulted in the condemnee not being awarded any additional compensation. The other cases have been pending since 2021 and 2022, respectively. Neither of these cases resulted in the condemnee receiving additional compensation.
On a different note, our team, assisted by David Basil, was able to obtain a partial summary judgment on an issue regarding consequential damages. The purpose of the motion was to eliminate consequential damages alleged by the condemnee’s real estate appraiser on the basis of circuity of travel.
Warren and Jacqueline were also successful in having a breach of contract complaint dismissed on behalf of a client the firm was defending. The complaint was brought on behalf of a contractor seeking damages for an alleged breach of contract. The defendant responded by filing a motion to dismiss for failure to state an actionable claim which was granted.
Warren and Ruthie defended the Georgia Department of Transportation on a business loss claim that had been pending since 2013. After 8 years of litigation, Ruthie argued to the trial court that it was without subject matter jurisdiction to adjudicate the case, and the trial court agreed dismissing the claim ending the condemnee’s ability to recover alleged business losses.
Our team just settled a case that has been pending for 3 years. The owner claimed 90% on sequential damages, seeking almost three quarter of a million dollars in compensation. After addressing the owner’s concerns, amassing scientific and other evidence, we convinced the owner to accept a settlement that resulted in less than 13% of his original demand and 10% less than the Department’s estimation of just and adequate compensation.