DOT v. Lamar Advertising Company, Superior Court of Bibb County
Dec 04, 2015
OUTCOME: Based on our motion, the Court declared a mistrial.
This case involves the just and adequate compensation due to the condemnee as a result of the DOT taking property to expand I-75 in Macon, Georgia. Due to the taking, a billboard must be removed or re...located. At trial, we argued that the billboard could be relocated; the condemnee argued that it could only be removed. Towards the end of the trial week, the condemnee introduced expert testimony that was not previously disclosed in discovery, including the expert’s deposition. We moved for a mistrial and drafted a formal motion for mistrial overnight. That motion was granted on Friday morning of the trial week.
Business
DOT v. Southeastern Village Market, Superior Court of Bibb County
Jun 25, 2015
OUTCOME: The jury agreed with our legal positions, and we were able to obtain a very favorable result for our client.
This was an eminent domain case that involved the taking of property at the site of a convenience store with gas sales. The taking necessitated the closure of one of three driveways into the site, and ...the Condemnee sought business losses. The Condemnee claimed that it was the key driveway into the site, and we disagreed. The jury concluded that the DOT was correct, and we were able to prevail at trial as a result.
Litigation
Neel v. Macon Water Authority
May 01, 2015
OUTCOME: Case Settled Before Trial.
This was an inverse condemnation case brought against a local water authority. Through the use of high quality expert analysis and testimony, we were able to resolve the case before trial, causing our... client to be paid the just and adequate compensation to which he was constitutionally entitled in light of the damage to his property.
Litigation
DOT v. Reese, Superior Court of Wilkinson County
Apr 09, 2015
OUTCOME: Case tried to jury verdict.
This case involved the valuation of land enhanced by the presence of kaolin, a potentially valuable sub-surface mineral. The trial of this case involved the testimony of numerous expert witnesses.
Litigation
DOT v. McCook, Superior Court of Wilkinson County
Apr 09, 2015
OUTCOME: Case successfully tried to jury verdict.
This case involved the valuation of land enhanced by the presence of kaolin, a potentially valuable sub-surface mineral. The trial of this case involved the testimony of numerous expert witnesses.
Litigation
DOT v. Bledsoe, Superior Court of Dooly County
Feb 06, 2015
OUTCOME: Partial victory before trial, then tried to good jury verdict.
This case involved the taking of some farmland just off I-75 South in Vidalia, Georgia. Prior to trial, the condemnees claimed that the property taken and the property damaged eliminated the possibili...ty of locating a hotel or store or gas station on the property. The property at the time of taking and trial and at all times before was farmland. We moved to exclude all speculative testimony about the potential for commercial development, and the Court agreed. As a result, the trial hinged solely on what constituted the damage to the farmland taken and remaining after the condemnation. Based on early successes and trial strategy, we were able to obtain a fair verdict for the DOT.
Litigation
Fuji Photo Film, USA v. Schooler, et al., State Court of Fulton County
Jul 18, 2014
OUTCOME: Complete victory for one client; a verdict at less than 10% of Plaintiff's demand for the other client.
Our clients and three other defendants were accused of defrauding Fuji via a kickback scheme in which our clients purportedly failed to service Eckerd’s stores for Fuji as a third party broker and then... allegedly kicked money back to a Fuji Vice President via his wife and brother. The trial lasted two weeks. We were able to obtain a complete victory for one of our clients, and for the client who was held partially liable, we were able to minimize the verdict to less than ten percent of what the Plaintiff sought.
Litigation
Department of Transportation v. River Street Corners, LLC and Royal Hospitality Group, Inc., Superior Court of Bibb County
Nov 08, 2013
OUTCOME: The jury awarded Royal Hospitality Group, Inc. less than 7% of the amount that it sought, and River Street Corners, LLC ultimately had to repay $88,425 to DOT.
Co-Counsel and I represented the DOT in a condemnation proceeding involving a shopping center owned by River Street Corners, LLC in Macon, Georgia. One of the out-parcels of the center is a Holiday In...n Express; the outparcel and hotel were owned by Royal Hospitality Group, Inc., which claimed at trial that the DOT's taking along Riverside Drive left it with no access to the hotel after its access easement was cut off. After the taking, River Street Corners, LLC sent several letters to Royal Hospitality Group, Inc. demanding that the hotel patrons stop making use of the large, main driveway into the shopping center. Despite the letters, the hotel remained in operation at the time of trial.
The DOT designated approximately $190,000 of the condemnation proceeds for River Street Corners at the time of the taking, but at trial, our experts testified that River Street Corners was only entitled to approximately $101,000. The jury agreed.
Royal Hospitality Group, Inc. claimed that the condemnation deprived it of all legal access to its business and that it was therefore entitled to recover the total value of its business as just and adequate compensation. That claim totaled approximately $6,000,000. The jury disagreed and awarded Royal Hospitality Group $400,000, as we suggested in our closing arguments.
Administrative law
Lindsay D. Holliday v. Georgia Department of Transportation, Superior Court of Bibb County
Oct 22, 2013
OUTCOME: GDOT prevailed as Plaintiff's case was dismissed.
A local resident in Macon, Georgia sought to temporarily and permanently enjoin the Georgia Department of Transportation from widening Forest Hill Road, which was included in Macon's local road improve...ment program. The widening plans were designed locally, certified to the Federal Highway Administration by GDOT, and ultimately approved by FHWA for construction. The case went to trial approximately ten months after it was filed after extensive discovery, and after the Plaintiff rested, GDOT moved for and was granted a directed verdict by the Court as the Plaintiff entirely failed to introduce evidence that GDOT acted arbitrarily and capriciously in certifying the plans to FHWA.
Litigation
Department of Transportation v. J.M. Huber Corporation, et al., Superior Court of Wilkinson County
Jun 30, 2012
OUTCOME: The jury awarded a total of $212,000, a mere 5% of the amount sought by the Condemnees.
Co-Counsel and I represented the Georgia Department of Transportation in an eminent domain trial regarding the acquisition of 1.7 acres of land in Wilkinson County. The acreage contained thousands of ...tons of mineable kaolin, and the property was under a mineral lease to J.M. Huber Corporation. The condemnees sought direct damages, consequential damages, and business losses on behalf of Huber. In all, the Condemnees asked the jury to award them $4,100,000. The DOT contended that the Condemnees were only entitled to $97,000.
